RELATING TO 




S OF WISCONSIN 



MON SCHOOLS 



Free High Schools 
ormal Schools 

ty Training Schools 
Agricultural Schools 
^^ ded Schools 
The^^^e LTpiversity 



ND 



COUNTY AND CIT^SUPERINTENDENTS, 
TEACHERS' INS^UTES, ETC 



PUBLISHED Under dire 
C P. GARY, State Super. 





MADISON, WIS. 

Democrat Printing Company, State Printer, 
1905. 




LIBRARY 

OF TH^ 

U. S. Department of Agriculture 



Bl 



m^ 



LAWS OF WISCONSIN 



RELATING TO 



COMMON SCHOOLS 

Free High Schools 
Normal Schools 
County Training Schools 
County Agricultural Schools 
State Graded Schools 
The State University 

AND 

COUNTY AND CITY SUPERINTENDENTS, 
TEACHERS' INSTITUTES, ETC 



PUBLISHED UNDER DIRECTION OF 

C. P. CARY, State Superintendent. 




MADISON, WIS. 

Democrat Printing Company, Stai'e Printer. 
1905. 



By-tratisfer 
^,^^ ]9 1909 






TABLE OF CONTENTS. 



PAGE 

I, Formation, Alteration, Meetings and Powers of Dis- 
tricts 1-33 

II. District Officers 34-59 

III. Certificates and Examinations. 60-84 

IV. The County Superintendent 85-100 

V. Reports 101-106 

VI. Duties of Town Officers as to Public Instruction 107-109 

VII. Assessment and Collection of District Taxes 110-113 

VIII. Borrowing Money 114-123 

IX. Schoolhouse Sites 124-127 

X. Libraries „ 128-136 

XI. Collection of Judgments Againgt School Districts 137-138 

XII. Free High Schools 139-158 

XIII. Appeals 159-163 

XIV. Miscellaneous Laws 164-208 

XV. Township System of School Government 209-225 

XVI. Of the Distribution of the School Fund Income 226-231 

XVII. Of the University 232-240 

XVIII. Of Normal Schools and Academies 241-248 

XIX. The State Superintendent 249-253 

XX. Constitutional Provisions 254-255 

XXI. Forms 256-286 

XXII. Index 289-333 



TO SCHOOL OFFICERS. 



This volume is public property, and belongs to- the common 
school district, the high school district, the township district, or 
the city or county superintendent district to- which it is sent. 
The copy sent to the district clerk is tO' be kept in his office, 
for his own use and that of the other members of the board, but 
it may be loaned to- any voter of the district, for a time not to 
exceed five days. The book should not, however, be loaned to 
any one, if an annual, special, or adjourned meeting is to take 
place within ten days ; iti should be kept in the possession of 
the clerk, and produced by him at such meeting, for consultation 
by the voters. 

The volume which comes to each town clerk is to be kept by 
him in his office, for his official use, and for the use of the town 
board of supervisors. 

These volumes are the property of the school districts, or of 
the towns, and not the property of the officers in whose posses- 
sion they may be placed. They hold them only in their official 
capacity. The copies should be carefully preserved, and with 
the other school district or town records and property, handed 
over to successors in office, and a receipt taken for them. 



NOTE TO THE READER. 



This edition of the school code is rendered necessary not only 
in consequences of the changes made in the school laws by the 
legislatures of 1903 and 1905, but also by the fact that all for- 
mer editions have been completely exhausted. In this edition 
the laws relating to common schools, free high schools, normal 
schools, and the university of Wisconsin, as well as those re- 
lating to county and city superintendents, and teachers' insti- 
tutes, are to be found. No material changes of- comments to be 
found in former editions have been rnade, except when made 
necessary by changes in the law, recent decisions of the court, 
or correspondence has shown that some comment or statute is 
not clearly understood. The laws enacted by the legislatures 
I of 1899, 1901, 1903 and 1905 will be designated by the chapter, 
while all enactments prior to 1899 will be designated by the 
number of the section, as found in Sanborn & Berryman's An- 
notated Statutes of 1898. 

An eflfort has been made to place, as far as possible, all the 
laws relating to any subject in their proper connection, and in 
some few instances, a section found in the newly enacted chap- 
ter and closely related to a law found in another part of the 
volume, may be found re-printed in the latter connection. 

Much care has been taken to make the index full and com- 
plete in order that the law bearing upon any particular subject 
may readily be found in all its various relations. 



(Chapter 27, Wisconsin Statutes.)] 

L-EOEMATION, ALTERATION, MEETINGS, AND 
POWERS OE DISTRICTS. 



FORMATION AND ALTERATION OP DISTRICTS. 

Authority of town board. Section 412. Tlie town board 
shall liave power to alter or unite existing and to form new dis- 
tricts. Tlie territory of a district shall be contiguous and em- 
brace not more than thirty-six square miles. If a district con- 
tract debt it shall not be so altered by taking its territory as to 
leave such debt exceeding five pier cent, of the. last assessed 
, valuation of the taxable property remaining therein. 

By this statute, the legal authority for determining school district 
boundaries is vested in town boards. The law clothes them with au- 
thority to assume responsibility in these matters and take such action 
as their own judgments dictate to be for the best interests of the dis- 
trict schools in their charge, and as the enlightened public sentiment of 
their towns approves. They may act in the formation of school dis- 
tricts and the alteration of the boundaries thereof on their own motion 
and without waiting for a petition. By this statute, the legislature has 
provided for a system of district schools in which the district may 
comprise a whole town, not exceeding thirty-six square miles in area, 
or such smaller area as the town board in its discretion may determine 
in view of local conditions and needs. A number of school districts in 
Wisconsin thus comprise an entire town. This law provides amply for 
any needful school district consolidation. By it, all existing school 
districts of any town not exceeding thirty-six square miles in area, may 
be consolidated by the town board, upon its own motion, into one school 
district, when such action is deemed to serve best the school interests 
of the town; or the town may be composed of two school districts, or 
three school districts or such other number as the town board may 



2 SCHOOL. LA.WS OF WISCONSIN. 

determine. Where the tov/n comprises only one school district, such 
number of school-houses may be provided by the electors of that school 
district at any annual or special meeting as may be deemed necessary, 
and so located as to best serve their purposes. 

The purpose of the provision requiring school districts to be com- 
posed of contiguous territory is to secure districts as compact as the 
natural features of the country will permit. It Is important that dis- 
tricts should embrace sufficient wealth to enable them to maintain 
efficient schools without oppressive taxation, and school population 
enough to elicit the best efforts of the teacher, and to give continued 
zest to the school. Only compact and well formed districts can secure 
these results. 

By section 263, Wisconsin Statutes of 1898, no district which is in- 
debted to the trust funds of the state can be altered by taking there- 
from any land included therein at the time of obtaining such loan, 
until such loan is fully paid, without the consent of the land commis- 
sioners of the state, and only upon such terms as they shall prescribe. 

How altered, formed, etc.; notice of first meeting. Section 
413 (as amended by Chapter 268, Laws of 1905). The 
town board shall make a written order describing the ter- 
ritory alt'ected by the alteration, union or formation of districts 
and file the same, within twenty days, with the town clerk, and 
when districts are to be united or a new district formed, deliver 
to a taxable inhabitant of the new district their notice in writing 
describing its boundaries and appointing a time and place for 
the first district meeting, and therein direct such inhabitant to 
notify all of the qualified voters of the district, either personal- 
ly or by leaving a written notice at his place of residence, of the 
time and place of such meeting at least five days before the time 
appointed therefor ; and said inhabitant shall notify the voters 
of such district accordingly, and indorse thereon a return con- 
taining the names of all persons thus notified, and said notice 
and return shall be recorded as a part of the record of the first 
meeting in such district. Provided that an unintentional omis- 
sion to so notify not to exceed one-sixth of said voters shall not 
invalidate said notice. 

Sections 474, 475, 476, 476a, statutes of 1898, and chapters 40 and 
342, laws of 1901, authorize school districts to borrow money in certain 
cases. For mode of procedure, see comments under section 476 of this 
volume. 

The order fq,rming a new district should describe its territory by the 
government surveys; that is. the order should describe the parcels of 
land embraced in the nev,' district, and need not contain the names of 
its inhp,bitants. See Form No. 1. 

This section provides for the formation of districts out of new ter- 
ritory, and the order may take effect immediately. Section 419 pre- 
scribes the mode of procedure Avhere the new district is formed in whole 
or in part from territory detached from other school districts. 

Whenever practicable, the notice for which this section provides 
shouid be read in the hearing of each voter. Where this is impracti- 
cable a copy of the notice must be left at the residence of the voter. 

The notice for the first meeting of the new district must be served 
as early as the sixth day before the day named for such meeting, as 



FORMATION AND ALTERATION OP DISTRICTS. 3 

the day on which the notice is served is not counted. See Forms Nos. 
2 and 3. 

Not only the names of all persons notified, but the manner in which 
the notice was given to them must be embraced in the return made. 
"All returning officers are ministerial, and are bound to set forth in 
their returns all acts done by them, that the proper tribunal may 
judge of their sufficiency. They are not competent to judge of the 
legality of a notice or service; and a return that a precept has been 
legally served, or that the duty enjoined by the v/arrant has been duly 
performed, would most clearly be insufficient." 12 Pick., 206. 

The return is the only competent evidence of the service of the war- 
rant and is to be endorsed on the notice read to the voters and signed 
by the person giving the notices. This document should be produced 
at the first meeting, and filed with the records of the district. See 
Fo'rm No. 4. 

Another method of giving notice. Sectioit 414. If such 
no'tice be not given, or if the inhabitants being so notified re- 
fuse to meet, or if there be no competent authority in the dis- 
trict to call a special meeting, the towu board shall give and 
cause to be served the notice as prescribed in section 413. 

See Form 2. 

The qualifications of electors are defined in sections 428 and 428a. 
The inhabitants having assembled in compliance with the call for 
which the section provides, the meeting should be organized by the 
election of a chairman and clerk pro tempore, and then proceed to the 
election of officers according to the provisions of sections 430 and 431. 
Section 416, and the comments following, describe the mode of pro- 
cedure that should follow the election of a district board. 

Formation of joint districts. Section 415. If a district is 
to be formed from adjoining towns the boards of such towns 
. shall meet, act together and make their joint written order de- 
scribing the territory embraced in such district, signed by at 
least two of the supervisors of each town, file the order with the 
town clerk of each town, deliver the notice of formation to a 
taxable inhabitant of such district, and cause the same to be 
served and returned as prescribed in section 413 ; and such dis- 
trict may be altered only by the joint action of such town boards 
as provided in section 418. Districts become joint by the di- 
vision of a town without other action. 

See Form 6. 

Ordinary districts may become joint districts by the division of a 
town, without any further action. 35 Wis., 178. 

It "will be seen by this section that a joint district can be formed, 
altered, or dissolved only by the joint action of the supervisors of all 
the towns interested, and an order effecting any of these changes must 
be signed by a majority of each town board. 

"When a school district lies partly in a city or an incorporated vil- 
lage and the adjoining town, such district is joint and the boundaries 



4 SCHOOL LAWS OF WISCONSIN. 

thereof can only be altered by the joint action of the city council or 
the village board of trustees and the town board of supervisors. See 
section 422 for definition of joint school district. 

Notice for the first meeting of a joint district must also be signed 
by a majority of the supervisors of each of the towns in which any part 
of such district is situated. 

District, when organized. Section 410. A district shall be 
deemed organized when any two of the officers elected at its first 
legal meeting file with the clerk and cause to be recorded in the 
minutes of such meeting their written acceptances of the offices 
to Avhich they have been respectively elected or when it has ex- 
ercised the franchises and privileges of a district for the term 
of two years. 

See Form 7. 

If two of the officers elected are present, and at once file their ac- 
ceptances with the clerk of the meeting, and he records them, the 
district is then duly orgnnized. and may proceed to the transaction 
of any other business, as provided in section 430. The treasurer is 
not likely to file an approved bond at that time, but that can be done 
afterwards. If two of the officers do not then file their acceptances, 
the meeting should adjourn and await their action. If the persons 
elected at the first meeting, or any of them, refuse to accept, the meet- 
ing may at once proceed to elect others. The same may be done at an 
adjourned meeting, if notice of refusal to serve is then received. The 
district should endeavor to effect a complete organization, but if after 
reasonable trial it fails to secure more than two officers by election, 
the two who have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the privileges 
of a school district for two years, it is held to be legally organized, 
notwithstanoing any informality of proceeding in Its organization; 
and in the meantime, and until its organization is set aside by com- 
petent authority, it is the duty of its officers to comply with all the 
requirements of the school law. It is sufficient for them to know that 
it is a district de facto. After two years have elapsed, its organiza- 
tion cannot be set aside on account of any alleged defect in its original 
formation or organization. 

Body corporate; name. SECTioisr 417. The word district as 
used in this chapter, unless otherv/ise defined, means school dis- 
trict, and a district lawfully organized is a body corporate and 
po'ssesses the usual powers of a public corporation by the name 

and style of school district (joint) school district number , 

of the town (towms) of , name of the town (towns) in 

wdiich the district is situated. Such number shall be designated 
by the towm board or boards in the order for the formation 
thereof. The board shall make its contracts in its corporate 

name. 

A school district, as a coroorate body, has perpetual succession and 
existence by its corporate name, and may hold real and personal estate 
for its corporate purposes. It is a body created by law, and is wholly 
distinct from the individuals that may, from time to time compose 



i'ORMATION ANJD ALTERATION OF DISTRICTS. g 

it. It does not become dissolved, or lose any of its rights, or become 
discharged of its obligations by a change of its name, number or boun- 
daries, or by becoming a joint district. (4 Wis., 79.) The number 
of a district should not be changed when it can be avoided. But, 
if changed, the supervisors shall direct the town clerk to give im- 
mediate notice thereof to the state superintendent and the county su- 
perintendent, stating the former number and the new number of the 
district. 

Contracts made or suits brought by a district, and all writings in 
which it is a party, require that the name of the district should be 
mentioned: e. g., school-district numder four, town of Lincoln, Polk 
county. When district officers are specifically empowered by law to 
act, their names may be mentioned. 

Lost records, restoration of. Section 4lYa. If t]ie record of 
the formation or establisliment of boundaries of a district be 
lost OT destroyed, the board of the town or village or the cooincii 
of the city in which such district lies may make a new record by 
written order entered in the records of such town, village or 
city. Whenever the town or village board or city council shall 
contemplate making such ne^v record, they shall give at least 
five days' notice in writing to the clerk of the affected district, 
stating when and where they will be present to make such new 
record, and such clerk shall immediately notify the other mem- 
bers of the board. Such order shall within three days be en- 
tered in the record of the proper town, village or city, and the 
clerk thereof shall within the same tinie file a copy of such order 
with the clerk of said district. Any niunber of districts may be 
included in oue such order' or notice. In case of the loss or de- 
struction of the records peirtaining to a joint district, the clerk 
' of any town, village or city in which the district lies shall pro- 
cure and record a certified co'py of the records of any other town, 
village or city relating to such joint district, or tlie board o'f the 
town or village, or council of the city in which such joint dis^ 
trict lies may meet and act together in the making of such new 
record. An order made pursuant to this section, or the record 
thereof shall be presumptive evidence of the regularity of all 
prior proceedinsrs pertaining thereto, of the legality of the 
formation of such district, of the boundaries thereof, aud of 
the loss or destruction of the record of its formation. Parties 
conceiving themselves aggrieived by any decision made under the 
foregoing provisions may appeal therefrom in the manner pro- 
vided by section 497. 

Notice of hearing. Sectioit 418. Whenever the town board 
shall contemplate am alteration of a district they shall give at 



^ SCHOOL LAWS OF WISCONSIN. 

least five clays' notice in writing- to the clerk of the district or 
districts to be affected thereby, stating in snch notice when and 
where they will be present to decide upon snch proposed alter- 
ation; and such clerk or clerks shall immediately notify the 
other members of the board. 'No temtory shall be detached 
from onie district unless by the same order it be attached to 
another; and a district may be dissolved by attaching all its 
territory to other districts. 

See Form No. 8. 

Great care should be exercised in giving the preliminary notices, 
as town boards have no authority to alter the boundaries of school 
districts unless the required notices are given. There is no presump- 
tion that notices have been given, and a recital in the order of the 
board to the effect that they have been given is not prima facie evi- 
dence of the fact. Moreover, the district officers cannot v/aive notica 
60 Wis., 395; 29 Wis., 419. 

The board acquires no jurisdiction to make the change, unless the 
giving of the notices be authorized at a meeting of the supervisors 
duly held. 106 Wis., 475. 

The returns of the persons serving the notices required by this sec- 
tion should bear the admission of service of the district clerks en- 
dorsed thereon, and these should be attached to the order changing 
the boundaries of districts, and should be filed with it in the office 
of the* town clerk, so that evidence that the proper notices were given 
may be accessible at all times. 

It will be noticed that the language of the statute is — -"Whenever 
the town board shall contemplate," etc. This implies that town boards 
may act in the formation and alteration of the boundaries of school 
districts on their own motion, and without waiting for a petition. 
Town boards are, indeed, the guardians of school interests and ought 
to assume responsibility in these matters, whenever, in their own 
judgments, the best interests of the schools demand it. When these 
boards act on petition, their action is not limited by the demands of 
the petitioners. 

Alteration of school district boundaries; order, filing of; when 
in effect. (Ch. 266, Laws of 1903, amending- Sec.419,vStatutes of 
1898.) Section 419. In all cases where an alteration of the 
boriadaries of a school district shall be made, the town board of 
supervisors shall, within three days tliereafter, give notice 
thereof by filing a copy of the order so altering said school dis- 
trict, with the tO'wn clerk and also with the district clerk of each 
of the districts affected by such alteration. No alteration of 
any organized school district shall be made to take effect be- 
tween the first day of December in any year, and the first day 
of April following. 

Before the passage of this law it was in the power of a school 
district board to postpone the time when an order made by the town 
board of supervisors altering the boundary of a school district could 



FORMATION AND ALTERATION OF DISTRICTS. 7 

take effect. The clause of section 419 giving a district board this 
power, is omitted and hereafter an order altering school district boun- 
daries may be made to take effect in accordance with the judgment 
of the supervisors making the order. 

Failure to file the order with the town clerk does not avoid the divi- 
sion; 11 Wis., 29. It should, however, be filed promptly, as the infor- 
mation is necessary for the guidance of the town clerk and of the 
district clerks. 

No action can be taken by the voters of a new district until the 
order forming the district takes effect; it follows that the notice for 
a first meeting should not antedate the time at which the order cre- 
ating the district becomes effective. 

Number of school district to "be recorded and not changed 

thereafter. (Chapter 113, Laws 1903.) Section 1. After 
the first day of January, 1904, it shall not be lawful for any 
town board of supervisors or any town board of school direc- 
tors, or any other officer or officers to change the numbei' of any 
school district or suVdi strict, joint or entire. 

Not to be revived. Section 2. If a district or a sub-dis- 
trict is dissolved, or by the exercise of proper authority attached 
to and made a part of another district or districts, no newly 
formed district shall, after January 1, 1904, be made to bear 
the number of the district so dissolved. 

This chapter Is designed to prevent confusion hereafter in the num- 
bering of school districts, the keeping of school district records by the 
towns, and to enable a more definite record of dictionaries furnished 
free to school districts in accordance with the provisions of section 50t) 
as kept in the office of the State Superintendent. 

In the case of consolidation of districts the town supervisors shall 
decide upon the district, the number of which Is to be retained and 
a definite record made In the office of the town clerk. 

Joint school districts. (Chapter 218, Laws of 1903, amend- 
ing Section 419a, Statutes of 1898, as amended by Chapter 
343 of the Laws of 1901.) Section 419a. Whenever an ap- 
plication in v/riting, describing and clearly setting forth by 
us© of usual and definite terms, and having fox its purpose the 
alteratiou of the boundaries of any joint school district, signed 
by at least two^ members of the board of supervisors of any 
town in which any part of such joint school district is situ- 
ated, shall be presented to the chairman of the town, the mayor 
of the city or president of the board of trustees of the village, 
in which the school house of such joint district may be situ- 
ated, such chairman, mayor of the city, or president of the vil- 



g SCHOOL LAWS OF WISCONSIN. 

lage board, stall, upon receipt of sudi application or petition, 
fix a time for the joint meeting of the town board of super- 
visors, and the city council, or the village board of trustees of 
all the municipalities in any way affected by said proposed 
change, which time shall not be less than ten or more than 
twenty days after the presentation to said officer of such peti- 
tion or application. The officer to whom, the application or 
petition is presented shall cause a written notice of the time 
and place of such meeting to be given to each supervisor, memr 
ber of the council, or member of the village board of trustees 
entitled to be present at such meeting, which notice shall be 
served at least five days prior to the date fixed therefor. Such 
meeting shall be held at the school house ini such joint district, 
unless some other convenient place shall be designated in the 
notice. If the chairman of the town, mayor of the city, or 
president of the board of village trustees, as the case may be, 
to whom such application shall be presented, neglect or refuse 
to fix the time and tlie place or to give notice for the meeting 
as provided by this section, or if the supervisors, the city coun- 
cil, or the board of village trustees, or a majority thereof, of 
any town, city or village in any way interested or affected by 
the proposed change of school district boundaries, neglect or 
refuse to be present at such meeting or being present, neglect 
or refuse to hear and vote upon the application before them, 
the application shall be deemed denied, and an appeal may be 
had therefrom in similar manner, and with like effect as in 
other cases of denial. The provisions of sections 418, 419, 
422, and 497 shall, as far as may be applicable, apply to the 
above proceedings. 

Change of boundaries in joint school districts; application, 
how made. Section 2. The board of supervisors of any 
town containing territory, now or hereafter embraced within 
die boundaries of any joint school district, may make the apr 
plication provided for in section one, whenever in their judg- 
ment such altei-ation will promote the welfare of the pujiils re- 
s'lding in sucli town ; and such board shall make such a]>plica- 
tion whenever one-third of the voters residing in such town or 
twn-tliirds of the voters residing in that portion of such joint 
district, situated in such town shall make and file with the 
town clerk a petition, praying that such alteration be made. 

This law provides another method whereby the boundaries of joint 
districts may be altered. In any case where such alteration is contem- 



FORMATION AND ALTERATION OF DISTRICTS. i\ 

plated it will be wise for the town boards of supervisors, as well as 
other parties intei'ested, to look up all the laws relating to the altera- 
tion of district boundaries and formation of new districts, especially 
sections 413, 415, 418, 419, 419a, 420, 422, 424. The method most easily 
applied in the particular case should be adopted. It may not be out 
of place to state that if in any case the town board of supervisors in 
any way interested agree to meet, they may do so on their own motion 
and without any petition. If their proceedings are regular their actions 
will stand, unless set aside upon an appeal. A petition is deemed 
necessary only in cases where it is probable that one or more of the 
boards will refuse or neglect to act. Section 419a was apparently 
enacted for the sole purpose of providing a possible remedy by an 
appeal to the state superintendent. It should also be understood that 
where the boards meet on their own motion a preliminary meeting 
must be called for the purpose of issuing the written notices, required 
by section 418. (See Form 8, page 223 of the code.) At a second 
meeting of the supervisors the necessary order may be made or an ap- 
plication or petition may be formally denied. 

Division of property. Section 420. If a new district be 
formed, in wiiole or in part, from one or more districts possesised 
of a school-house or entitled to other property the town board, 
at the time of forming such new district, shall determine the 
proportion .of the value of the school-house and other pa-operty 
justly due to such new district according to the taxable prop- 
erty of the respective parts of such former district at the time 
of the division, and such amount of any debt due from the 
foTmer district which would have been a charge upon the new 
had it remained in the former district shall be deducted from 
such proportion. 

Collection and application of money. Section 421. The 
town board shall certify to the district clerk of each district 
retaining a school-house or other property the amount as- 
certained by the'm as the proportion due- to the new district, 
and such amount shall be embodied in the next statement of 
taxes to be made by the district clerk to the to^vn clerk as 
required by section 472, and shall be collected and paid to the 
treasurer of the new district to be applied toward providing a 
school-house therefor; and the money so received shall be al 
lowed to the credit of the taxable property taken from the disr 
triet paying the same in reduction of any tax imj)osed on said 
taxable property in the new district for the building of the 
school-house ; but in case the new district shall have raised a tax 
and provided a school-house before the reeeiipt of such money, 
the treasurer thereof shall pay on demand to each taxp'ayer re- 
siding in tlio territory taken from the district paying the same 



-^Q SCHOOL LAWS OF WISCONSIN. 

the amonnt actually paid by liira in scliool-hoiise taxes in ex- 
cess of the aiiioiiiit he would have paid if the money had been 
received and credit given before such taxes were collected, and 
the treasurer shall be liable therefor on his official bond. 

See Form No. 10. 

When territory is merely transferred from one district to another, 
no claim will lie against the district yielding territory on account of 
property. 

By "property" is meant lands, tenements, hereditaments, money, 
goods, chattels, things in action, and evidences of debt. The division 
of the share of the income of the school fund is further discussed in 
and under section 558, as amended by chapter 450, laws of 19 Jl, and 
section 554, as amended by chapter 115, lav/s of 1899. 

Alteration of district in town and village, etc. Section 422, 
(as amended by Chapter 304, Laws of 1901), Whenever any 
school district in this state shall be comprised partly of tlie ter- 
ritory of any city or an incorporated village and partly of the 
territory of an adjoining town or towns, it shall be and for all 
intents and pairposes shall be considered a,s a joint school dis- 
trict which may be dissolved or the boundaries of which may 
be changed only by the joint action of the city or common coun- 
cil of the city or the trustees of the village a.s the case may 
be and the board or boards of sup&i^visors of the town or tO'Wns 
in which any part or parts of said joint school district may be 
situated and only in the same manner in which any other joint 
district may be altered or dissolved, b'Ut nO' new joint district 
embracing a part of any city shall be hereafter formed. 

The appraisal and award should be made at the time of the forma- 
tion of the new district but will be legal if necessarily delayed. 

If the duty is wholly neglected by the supervisors, or, the award 
being made by them, if the clerk of the old district neglects his duty, 
the remedy in either case is by maiulamiis. 

No vote of the old district is required to raise the amount to which 
the new district becomes entitled under the action contemplated by 
section 421. This tax cannot be collee'-d as a special district tax: it 
must be returned to the town clerk by the district clerk, as certified 
to him by the town board. 

The duty of making an equitable division of the property of the dis- 
trict retaining the schoolhouse, here imposed upon the tow^n board, is 
mandatory, and no agreement or condition recited in the order for 
division of territory will relieve the board of this duty. An agree- 
ment to consent to the division of a district in consideration of the 
surrender of property rights by the new district is void. 63 Wis., 337; 
81 Wis., 428; 87 Wis., 533. 

In case the new district raises a tax for the purpose of building 
a schoolhouse before any money is received from any or all of the 
old districts out of whose territory the new district is formed, the 



FORMATION AND ALTERATION OP DISTRICTS. H 

treasurer of the new district, upon receiving the amount due from any 
of the old districts, shall pay the same to the tax-payers residing in 
the territory that formerly belonged to the district paying the money. 
The amount received shall be apportioned among the proper persons 
on the same basis that served for the collection of the tax. 

Neglect to keep school. Section 423. If a district for two 
or more siicoessive years neglect to maintain scliool as required 
by law, tke town board of the town embracing tlie district shall 
attach, the same to snch other adjoining district or districts in 
the town as they shall judge proper; and if the district be joint, 
then the town boards shall attach the respective parts thereof 
toi other districts in their respective towns. This section shall 
not apply to any district which may provide for the instruction 
of its pupils in an adjoining or other district, asi pa-ovided in 
subdivision 15, section 430. 

Section 418 allows the town board to extinguish a district by at- 
taching its territory to other districts. This section requires them to 
do so whenever a district fails to maintain a school for two successive 
years, unless provision has been made for the free instruction and 
transportation of the pupils of the district as provided in sub-divisions 
15 and 16, of section 430, and of section 554, of the statutes of 1898, 
and chapter 351, Laws of 1901. Failure to elect district officers does 
not of itself extinguish a district, as the organization may De restored 
in the manner prescribed by section 414. 

Property of dissolved district. Section 424. Whenever a 
district shall be dissolved by reason of the attachment of all 
its territory to some other district, the town board, and in case 
of a joint district the town boards, shall take charge of the 
property belonging to the same at the time of its dissolution, 
disjDOse of the same by grant or otherwise, and apply thei pro- 
ceeds to the discharge of its debts, paying over the remainder 
if any, tO' the treasurer, and in the case of more than one dis- 
trict, to the trciasurers of the districts to which the territory 
has been attached, in proportion to the valuation of the prop^- 
erty attached to each as appears fro^m the last tax rolls of the 
respective towns. 

The supervisors of all the towns interested in the dissolution of a 
district must unite in the sale of its property, and in the execution 
of deeds of its real estate. They should require cash payments, and 
all conditions of sale should be mentioned in the posted notices. Un- 
expended and unappropriated money in the hands of the district treas- 
urer, is "property," and is to be divided by the town board or boards. 

Particular attention should be given by town boards of supervisors 
and trustees of villages to the matter of recording the proceedings 
which affect the formation and alteration of school districts. 



-1^2 SCHOOL LAWS OF WISCONSIN. 



MEETINGS. 

Annual; report to. Section 425. The annual district meet- 
ing shall be held on the first Monday of July unless that bo 
a legal holiday, in which case it shall be held on the next day 
at seven o'clock in the afternoon, unless another hour be fixed 
by a vote recorded at the last annual meeting, and any annual 
meeting heretofore or hereafter held shall be valid not- 
withstanding any provision to the contrary in any special or 
local law. It shall be the duty of the district board to meet 
on the Saturday immediately precciding the annual meeting, 
carefully examine the accounts of the treasui-er, and make up 
a full and itemized report of all receipts and expenditures since 
the last annual meeting, of the amount in the hands of the 
treasurer or the amount of the deficit for which the district 
is liable, of the amount necessary to be raised by taxes for the 
support of the school for the ensuing year, and of the amount 
required to pay the interest or principal of any debt due or to 
become due during such year; which re]>ort shall bo submitted 
in writing at the annual meeting and recorded by the clerk at 
length with the action thereon in the proceedings of the meet- 
ing. 

All annual school district meetings, except in towns under the town- 
ship system, are lield on the same day. When the first Monday in 
July is the fourth, and when the fourth of July occurs on Sunday, 
the annual meeting must be held on the Tuesday follov/ing. 

The hour for holding an annual district meeting is 7 o'clock in the 
afternoon, unless a different hour was fixed by vote at the previous 
annual meeting. District officers have no power to call an annual 
meeting at any other hour than that which the law designates. 34 
Iowa, 306. 

Notice. SECTioisr 426. The clerk shall give at least six days' 
previous notice of the annual meeting by posting notices therer 
for in four or more public places in the district, one of which 
shall be affixed to the outer door of the school-housei, if there 
be one in the distinct; and he shall give like notice for any 
adjourned meeting, if the adjournment be for more than one 
month ; but no annual meeting shall be deemed illegal for want 
of due notice, imless it shall apjDear that the omission to give 
such notice was wilful and fraudulent. 

See Forms Nos. 11 and 12. 

While it is the duty of the district clerk to notice an annual school 
district meeting according to the provisions of this section, and while 



SCHOOL MEETINGS. 13 

he may be punished by fine for neglect or refusal to comply with the 
statute, the notice is not essential to the validity of the meeting. 
The statute and not the notice is the foundation of the meeting. 6 
Hill, N. Y., 647. 

By section 430b, district clerks are required to embody in the notice 
for an annual meeting, the fact that the question of a change of text- 
books will be submitted to the meeting, if such be the case. See com- 
ments on section 440. 



Special meetings. Section 42Y. Sipecial meetings shall bo 
called by tbe clerk, or in his absence by the director or treas- 
urer, on the written request of five legal voters of the district, 
and notices thereof specifying particularly the business to be 
transacted shall be posted in the manner prescribed for calling 
the annual meeting; and the electors wheu' lawfully assembled 
at a special meeting shall have power to transact the same busi- 
ness as at the first or the annual meeting, except the election 
of ofiicers, voting a tax tO' compensate the clerk and authorizing 
a change in text-boaks. But no more than one such meeting 
to consider the same subject shall be held in the district in the 
same school year. 'No tax or loan or debt shall be voted at 
a special meeting unless three'-fourths of the legal voters shall 
have been notified either personally or by a written notice left 
at their places of residence, stating the time, place and objects 
of the meeting, and specifying the amount proposed to be voted, 
at least six days before the time appointed therefor, exclusive 
of the day on which the meeting is to be held. 

See Forms Nos. 13 and 14. 

It is the duty of the clerk to call special meetings whenever requested 
to do so by the required number of legal voters. The fact that the 
district clerk does not approve of the objects sought by those who 
request him to call a special meeting, is no cause for refusing to com- 
ply with the request. 

"When public corporations or officers are authorized to perform an 
act for others, which benefits them, then the corporations or officers 
are bound to perform the act. The power is given them not for their 
own, but for the benefit of those in whose behalf they are called upon 
to act, and such is presumed to be the legislative intent. In such 
cases they have a claim de jure to the exercise of the power." 9 Wis., 
285. 

Any business that can be done at an annual meeting can be done 
at a special meeting, properly called, except the election of officers, 
voting a tax .to compensate the clerk, and authorizing a change in 
text-books. The notice for a special meeting may be given by the 
director or treasurer in case of a vacancy in the office of clerk, or if 
that officer is absent or incapable of acting. 

A special meeting may rescind any action taken at the annual meet- 
ing, if proper notice has been given; but if rights have be^n acquired 
by third parties, under previous action, those rights cannot be set 



l^ SCHOOL LAWS OF WISCONSIN. 

aside by the vote of the district. This includes the rights of persons 
elected to a district office. 

"Six full days" requires the notice to be given as early as on the 
seventh day before the time designated. 

The personal notice required by this section to be given to three- 
fourths of the electors of the district in all cases where it is the 
purpose of the special meeting to vote a tax, loan or debt, should in- 
clude women, on whom the right of suffrage in elections "pertaining 
to school matters," is conferred by section 428a. 

Care should be taken in naming the amount to be raised at a special 
meeting to specify a sum equal to or greater than that needed. It is 
competent for a special meeting to raise a less, but not competent for 
it to raise a greater sum than that mentioned In the notice. 

All lav.s relating to levying taxes are construed strictly, and the re- 
quirement that notices for a special meeting whose purpose is to raise 
money shall specify the amount to be raised is mandatory. 

Who may vote. SECTioisr 428, (as amended by Oliapter 233, 
Laws of 1899). Every resident elector of tlie district shall be 
entitled to vote in any meeting, provided sucli elector has re- 
sided therein for at least thirty days next preceding any meet- 
ing. 

The qualifications of voters at a general election are declared by 
section 12, of the Wisconsin statutes, to be as follows: 

Section 12. Every male person of the age of twenty-one years, or 
upward, belonging to either of the following classes, who shall have 
resided in the state for one year next preceding any election, and in 
the election district where he offers to vote ten days [except in the 
case of school district meetings] shall be deemed a qualified elector 
at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their intention 
to become citizens, conformably to the laws of the United States on 
the subject of naturalization. 

3. Persons of Indian blood who have once been declared by law of 
congress to be citizens of the United States, any subsequent law of 
congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any tribe. 

5. Any civilized person, being a descendant of the Chippewas of Lake 
Superior or any other Indian tribe residing within this state, and 
not upon any Indian reservation, who shall make and subscribe to an 
oath before the clerk of the circuit court or his deputy of the county 
where such person resides that he is not a member of any Indian 
tribe, and has no claim upon the United States for aid and assistance 
from any appropriation made by congress for the benefit of Indians, 
and that he thereby relinquishes all tribal relations, and all right 
to claim or receive such aid, shall be entitled, on such oath being 
filed and recorded, to vote at all elections held in this state, if he 
is otherwise qualified. The oath so taken, on being corroborated as 
to the residence and tribal relations of such person by the affidavit 
of a qualified elector, shall be filed in the office of the clerk before 
whom it was taken and recorded by him in a book to be provided 
for that purpose, upon such person paying to said clerk the sum of 
one dollar. 



SCHOOL MEETINGS— VOTERS. 15 

Every person convicted of bribery shall be excluded from the right 
of suffrage, unless restored to civil rights; and no person who shall 
have made or become directly or indirectly interested in any bet or 
wager, depending upon the result of any election, at which he shall 
offer to vote, shall be permitted to vote at such election. 



Women may vote. Section 42 Sa, (as amended by Chapter 
233, Laws of 1899). Every woman who is a citizen of this 
state, of the age of tw^enty-one years or upwards, except pau- 
pers, persons under guardianship and persons otherwise ex- 
cluded by section 2 of article 3 of the constitution of Wiscon,- 
sin, who has resided in the state one year, and in the election 
district where she offers to vote, thirty days next preceding any 
election pertaining to any school matters, shall have a right to 
vote at such election. 

By this law all voters at school district meetings, either annual 
or special, are required to reside at least thirty days in the district 
previous to the date of the school meeting. This is a radical change 
in the election law and should receive especial attention in order 
that difficult and annoying questions may not arise in the management 
of school district matters. 

The above section does not confer upon women the unlimited right 
of suffrage, but it does confer upon them the right to vote upon any 
and all questions that can be legally considered at any regularly called 
annual or special school district meeting. The words "any election 
pertaining to school matters" renders the limitation to the privilege 
conferred by the section manifest. 71 Wis., 239, 251; 75 Wis., 543; and 
chapter 285, laws of 1901. 

Section 69. In determiniing the question of residence as a qualifi- 
cation to vote, the following rules, so far as applicable, shall govern, 
and if a person offering to vote be challenged as unqualified on the 
ground of residence, the inspector shall admonish him of such rules 
and put to him such further questions as shall be proper to elicit the 
facts in respect thereto, namely: 

First. — As prescribed in the constitution, no person shall be deemed 
to have lost his residence in this state by reason of his absence on 
business of the United States, or this state; and no soldier, seaman 
or marine, in the army or navy of the United States, shall be deemed 
a resident of this state in consequence of being stationed within the 
same. 

Second. — That place shall be considered and held to be the residence 
of a person, in which his habitation is fixed without any present in- 
tention of removing therefrom and to which, whenever he is absent, 
he has the intention of returning. 

Third.— A person shall not be considered or held to have lost his 
residence, who shall leave his home and go into another state, or 
county, town, or ward of this state, for temporary purposes merely, 
v/ith an intention of returning. 

Fourth. — A person shall not be considered to have gained a residence 
in any town, ward, or village of this state into which he shall have 
come for temporary purposes merely. 

Fifth. — 'If a person remove to another state with an intention to 



16 



SCHOOL LAWS OF WISCONSIN. 



make it his permanent residence, he shall be considered and held to 
have lost his residence in this state. 

Sixth. — If a person remove to another state with the intention of 
remaining there for an indefinite time, and as a place of present resi- 
dence, he shall be considered and held to have lost his residence in 
this state, notwithstanding he may entertain an intention to return 
at some future period. 

Seventh. — The place where a married man's family resides shall gen- 
erally be considered and held to be his residence, but if it is a place 
of temporary establishment for his family or for transient objects, 
it shall be otherwise. 

Eighth. — If a married man has his family fixed in one place, and 
he does his business in another, the former shall be considered and 
held to be his place of residence. 

Ninth. — The mere intention to acquire a new residence without the 
fact of removal, shall avail nothing; neither shall the fact of removal 
without intention. 

Tenth. — If a person shall go into another state, and while there ex- 
ercise the right of a citizen by voting, he shall be considered and held 
to have lost his residence in this state. 

Eleventh. — No person shall be deemed to have gained a residence in 
any town, ward or village in this state, so as to entitle him to vote 
at any election therein, by remaining in such town, ward, or village 
as a pauper supported by the town, village or county in which he 
shall be living at the time of such election; and no person shall be 
deemed to have lost his residence in any town, ward or village, by 
remaining in any other town, ward, or village as such pauper. 

Twelfth. — If an unmarried person sleeps in one ward and boards in 
another, the place where he sleeps shall be considered his residence. 

Thirteenth. — If an unmarried person be employed on a railroad, 
boat or stage line and boards at different places, if one of those places 
be with his parents, that place shall be considered his residence un- 
less he has, by registering to vote elsewhere or by the performance 
of some other kindred act elected some other place as his residence. 
If he has no parents and has not registered at any other place, he 
shall be asked: Do you consider this your place of residence, and 
have you so considered it for the past ten days in preference to any 
other place? If he answers in the affirmative he shall be entitled to 
all the privileges and be subject to all of the duties of other citizens 
in such place in the matter of voting, jury service, poll taxes and as 
sessments for taxes. 

Fourteenth. — Each inmate of any national or state home for soldiers 
in this state shall be deemed to reside in the town, city or village in 
which said home shall be located and in the election district in which 
he shall sleep. 



Section- 428a., (as amended by Chapter 285, Laws of 1901). 
Every woman who is a citizen of this state, of the age of twenty- 
one years or upwards (except paupers, persons under guardian- 
ship, and persons otherwise excluded by section two of urtiele 
three of tlie constitution of Wisconsin), who has resided within 
the state one year, and in the election district where she offers 
to vote, ten days next preceding any election pertaining to school 
matters, shall have a right to vote at sudi election. Separate 



SCHOOL MEETINGS— VOTERS. lY, 

ballot boxes sliall bo furuished at eivery election precinct in tbisi 
state at every primary, general, municipal or special eleotion 
for tlie nse of womieni desiring to vote on said scbool matters, 
and separate ballots sball also be provided at said elections for 
the use of said women. 

This chapter was enacted for the purpose of extending the privi- 
lege of sufEr':o to women. Heretofore, the privilege of voting for 
school oflficeio las been restricted to such officers elected at annual 
or adjourned school district meetings only. This chapter evidently 
extends the privilege to vote for school officers at general and mu- 
nicipal elections, as well as at school district elections, and under the 
same conditions regarding age and residence that are imposed upon 
male citizens. 



Proceedings on challenge. Section 429. If any person of- 
fering tO' vote at a school district meeting shall be challenged 
as unqualified by any leg'al voter in such district the chairman 
presiding at such meeting shall declare to the person challenged 
the qualifications of a voter; and if such person shall declare 
that he is a voter and if such challenge shall not be withdrawn 
the chairman shall tender him the following oath or affirma- 
tion : You do solemnly swear (or affirm, as the case may be) 
that you are an actual resident of this school district and that 
you are qualified according to law to vote at this meeting. And 
every person taking such oath or affirmation sliall be permitted 
to vote on all questions proposed at such meeting; and if tlie 
i^erson shall refuse to take such oath or affirmation his vote shall 
be rei( 



The questions which may be asked by inspectors of elections of per- 
sons whose votes are challenged, and the rules for determining the 
legal qualifications of electors are given in sections G8 and 69, of the 
Wisconsin statutes, and are printed here for convenience. The chair- 
man of a district meeting can not, like an inspector of elections, re- 
quire the person challenged to answer the questions under oath. 

Section 68. Each inspector shall, and any elector may, challenge 
every person offering to vote whom he shall know or suspect not Lo 
be duly qualified as an elector. If such a person is challenged as 
unqualified one of the inspectors shall tender to him the following 
oath or affirmation: You do solemnly swear (or affirm) that you will 
fully and truly answer all such questions as shall be put to you touch- 
ing your place of residence and qualifications as an elector of this 
election; and shall thereupon put questions as follows: 

First. If a person be challenged as unqualified on the ground that 
he is not a citizen and has not declared his intention to become a 
citizen: 

1. Are you a citizen of the United States? If no, then— 

3 



^g SCHOOL LAWS OF WISCONSIN. 

2. Have you declared your intention to become a citizen of the 
United States conformably to the laws of the United States? 

3. When and where did you declare your intention to become a citi- 
zen of the United States? 

Second. If the person be challenged as unqualified on the ground 
that he has not resided in this state for one year immediately preceding 
the election: 

1. How long have you resided in this state immediately preceding 
this election? 

2. Have you been absent from this state within the year immediately 
preceding this election? If yes, then — 

3. When you left, did you leave for a temporary purpose, with the 
design of returning, or for the purpose of remaining away? 

4. What state or territory did j-ou regard as your home while ab- 
sent? 

5. Did you, while absent, vote in any other state or territory? 
Third. If the person be challenged as unqualified on the ground 

that he is not a resident of the town, ward or village where he offers 
his vote: 

1. When did you last come into this town, w^ard or village? 

2. Did you come for a tem^porary purpose merely, or for the purpose 
of making it your home? 

3. Did you come into this town, ward or village for the purpose of 
voting therein? 

4. Are you now and have you been for the last ten (thirty days in 
the case of school district meetings) days an actual resident of this 
town, v'ard or village, and what is the particular description, name 
and location of your residence? 

5. Have you registered to vote at this election at any other place 
within this state? 

Fourth. If the person be challenged as unqualified on the ground 
that he is not twenty-one years of age: Are you twenty-one years of 
age to the best of your knowledge and belief? 

Fifth. If the person be challenged as unqualified on the ground 
that he has made or become directly or indirectly interested in any 
bet or wager depending upon the result of such election: 

1. Have you made in any manner any bet or wager depending upon 
the result of this election, or on the election of any person for whom 
votes may be cast at this election? 

2. Are you in any manner, directly or indirectly, interested in any 
bet or wager depending in any v/ay whatever upon the result of this 
election? 

Sixth. If the person be challenged as unqualified on the ground 
that lie has been convicted of treason, felony or bribery and not sub 
sequently restored to civil rights: 

1. Have you been tried or convicted in this state of any crime? If 
yes — 

2. Of what crime, when and in what court were you so convicted? 

3. Have you in any manner since such conviction been restored to 
civil rights, and if yes, how? 

Seventh. If the person be challenged as unqualified on the ground 
that he has been engaged, directly or indirectly, in a duel, either as 
principal or accessory: 

1. Have you ever been engaged in any duel, directly or indirectly, 
either as principal or as a second, or in counseling or aiding either 
principal or second in a duel? And if yes, then — 

2. When and where, and had you before that time been an inhabitant 
of this state? 



POWERS OP DISTRICTS. 



19 



Eighth. If the person be challenged as unqualified on the ground 
that he is a person of Indian descent, a member of an Indian tribe 
or an uncivilized Indian: 

1. Are you a person of Indian descent? 

2. Of what tribe or nation are you a descendant? 

3. Are you now a member of any Indian tribe? 

. 4. Have you received any annuity from the United States or any 
agent thereof, or shared in any, and, if so, v/hen did you last so receive 
or share in any? 

The inspectors, or one of them, shall put such other questions to 
the person challenged as may be necessary to test his qualifications 
as an elector at such election. 



POWERS OF DISTRICTS. 

Powers of meeting. Section 430. Tlie inliabitants of any 
scliool district qnalified by law to^ vote at a school district meet- 
ing when assembled at the first and at each annual meeting in 
tlieir district or at any adjournment thereof in their district 
shall have power: 

1. To appoint a chairman for the time heing, and in the ab- 
sence of the clerk to appoint some person to act in his stead, and 
tlie person so appointed shall certify the proceedings of such 
meeting to the district clerk, who shall enter the same in the 
records of the district and file and preserve the certificate of 
such temporary clerk. 

When the inhabitants of a district are assembled at any regularly 
called meeting, it is competent for any elector to call the meeting to 
order, to nominate, or to ask some one to nominate a chairman, and to 
put the question and declare the result. If the director of the dis- 
trict be present, it is proper for him to do this. If the district clerk 
be not present the chairman will announce the fact and ask that a 
clerk be appointed pro tempore. The meeting will be governed by the 
common rules of deliberative assemblies. The chairman should be an 
elector, and so entitled to vote on all questions. 

2. To adjourn from time to time as occasio'n may require. 

The statute — section 426 — provides that when an annual meeting is 
adjourned for more than one month, notice shall be given of the time 
and place of holding such meeting in the same manner that notice of 
the original meeting was given. 

3. To' choose a director, treasurer and clerk. The election 
of all officers shall be by ballot and a-miajority of all the votes 
cast shall be necessary for a choice. 



20 SCHOOL LAWS OF WISCONSIN. 

School boards of seven members. (Chapter 317, Laws of 
1899, as amended by Chapter 205, Laws of 1901, and Chapter 
421, Laws of 1905.) 

Section 1. Any school district containing within its boundaries a 
city in which a high school is maintained and which expends annually 
in thei maintenance of its schools a sum exceeding four thousand dol- 
lars, may, upon determining so to do by ths vote of the electors pres- 
ent, at any annual school meeting held in such school district, have a 
district board comprising seven members which shall be known as the 
school board of the city, comprising in whole or in part such district, 
three of whom shall be the director, treasurer and clerk, as now pro- 
vided by law, whO' shall each discharge the separate duties now im- 
posed upon him by law, and shall be elected and hold office for the term 
now provided by law, and no two of whom shall be residents of the 
same ward in such city until each ward therein shall have at least one 
member on such board. Where such school district and city are iden- 
tical in territory, the members of said district board shall be chosen 
one from each ward of such city in the order in which the wards are 
numbered until the full number is chosen; provided, that in case such 
city have fewer than seven wards additional member or members shall 
be chosen from the district-at-large; and, provided further, that in 
school districts having school boards elected under and pursuant to sec- 
tion 1 of chapter 317 of the laws of Wisconsin for 1899 or under said 
act as amended by chapter 205 of the laws of Wisconsin for 1901, mem- 
bers of such boards, including those chosen to fill vacancies, shall be 
chosen from wards not represented as herein provided until such repre- 
sentation shall be fully established, provided the electors of such school 
districts decide at any annual meeting to adopt the provisions of this 
act. Removal by a member of such board from the ward from v/hich 
he was chosen shall create a vacancy. And all directors, clerks and 
treasurers now in office in such districts, shall continue in their re- 
spective offices during the full term for which they were elected. The 
remaining four members of such district board, shall be elected as 
school district officers are now required to be elected, at the annual 
school meeting which may adopt this act; two of said four shall be 
elected for the period of one year and the remaining two for the 
period of two years and until their successors have been elected or ap- 
pointed. At every succeeding annual school meeting in such district 
there shall be elected in addition to a director, clerk or treasurer, as 
the case may be, twoi of such additional members of such board, who 
shall hold their office for two years and until their successors are 
elected or appointed. In case of vacancies in the said board, such va- 
cancies shall be filled as now provided for filling vacancies in district 
boards, the members so chosen to hold until the next annual district 
meeting. Such school boards shall exercise all the powers, and dis- 
charge all the duties now imposed upon the district boards of such 
districts. Regular meetings of said board shall be held, and special 
meetings thereof may be called upon request of any three members 
of such board to the clerk, who shall thereupon, at least twenty-four 
hours before such special meeting is held, givs written notice thereof 
to the remaining members of the board. 

Accounts of school boards to be examined. Section 1. 

(Chapter 162, Laws of 1899, as amended hy Chapter 78, Laws 

-of 1905.) It shall be the dnty of every school district in the state 

of Wisconsin at its annual meeting to appoint three competent 



POWERS OF DISTRICTS. 21 

persons who shall be voters in the district to examine all ac- 
counts, books, vouchers, moneys and property of whatsoever 
kind belonging to said district between the thirtieth day of 
June next following their appointment and the time of the next . 
annual school meeting of said school district and report their 
findings in writing to the electors at the next annual meeting. 

This law does not interfere with that part of section 425, W. S., which 
makes it the duty of the district board to meet on the Saturday im- 
mediately preceding the annual meeting for the purpose of making a 
careful examination of the accounts of the treasurer and compiling a 
full and itemized report of all receipts and expenditures since the last 
annual meeting, of the amount in the hands of the treasurer, or the 
amount of the deficit for which the district is liable, of the amount 
necessary to be raised by taxes for the srupport of the school for the 
coming year and of the amount required to pay the interest or 
principal of any debt due or to become due during the year. These 
reports are to be submitted in writing at the annual meeting. Tov/n 
clerks and county superintendents have heretofore found difiiculty in 
compiling correcc financial reports for the schools under their respect- 
ive jurisdictions. It is hoped that by the operation of the law printed 
above correct reports may be obtained from each school district in 
the state. Over five million three hundred thousand dollars are an- 
nually expended in the management of the public schools and it is 
not unreasonable to require a strict accounting from each district for 
the sums annually received and expended in the management of its 
school affairs. 

Before the meeting proceeds to elect officers, the minutes of the last 
annual meeting should be read, and those of such special meetings as 
have been held during the year. The reports of district officers should 
also be presented, and referred to a committee for examination, with 
instructions to report at some later stage of proceedings. The reports 
should be in writing, and should be carefully examined by the com- 
mittee, or by the meeting, if convenient. All school officers should be 
held to a strict accountability for the faithful performance of their 
duties, and the financial statements submitted should be accompanied 
with vouchers for all moneys expended. Reports of officers should 
be spread upon the records, as papers that are merely filed are often 
lost. 

If a vacancy exists at an annual meeting from any other cause than 
the expiration of the incumbent's term, it is advisable that a reso- 
lution be passed declaring that such vacancy exists, and slating the 
ground on which the meeting regards the office vacant. It is for the 
meeting to judge in the first instance whether a vacancy exists, and 
although it may err in so declaring, the officer elected will be deemed 
an officer de facto, and his acts in relation to the public and third 
persons deemed valid, until his election is pronounced void by compe- 
tent authority. 

If a mistake is made in stating the length of an unexpired tern., 
the person elected will nevertheless serve to the end of the term, and 
no longer, as this matter is regulated by lav/, and not by the vote of 
the district. 

The election of all school district officers must be by ballot, and a 
majority of all the votes cast is essential to a choice. 

District officers may be elected at an adjourned annual meeting. 
If such meeting be lield within ten days after the time fixed by law 



22 SCHOOL LAWS OP WISCONSIN. 

for holding the annual meeting. A school district oflBcer elected at an 
annual meeting cannot be displaced at an adjourned annual meeting. 

The manner of resignations of school officers is fixed by sub-division 
8, section 9G1, statutes of 1898, in the following words: "Resignation 
by a school district officer shall be made to the district board." It is 
clear from this that a resignation made to the electors at an annual 
meeting is not. the resignation contemplated by statute and therefore 
does not without some other act of the officer, create a vacancy. 

4. To designate a site for a district school-lioiise. 

The vote of a district at an annual meeting, or at a special meet- 
ing called for that purpose, is necessary to establish a site. The dis- 
trict cannot delegate this power to the board or to a committee ap- 
pointed for that purpose; although either may be authorized to ex- 
amine the situation, price and title of a proposed site. 

Every schoolhouse site should contain at least one acre of land; 
should be described by the govei'nment survey; should be easily ac- 
cessible to all parts of the district. A dry, sheltered spot should be 
chosen, so high that surface water will flow from, and not toward the 
site. A schoolhouse should never be placed on low or marshy ground, 
near a stagnant pool, or in the midst of distracting or unhealthful 
surroundings. 

It is quite proper, but not necessary, to designate a site before voting 
a tax to build the schoolhouse; neither is it necessary that the site 
should be designated before levying a tax to pay for the same. If 
the tax deemed sufficient is afterwards found to be too small, an ad- 
ditional tax may be voted; and, if too much is raised, the electors may 
appropriate the same to any object for which they can legally raise a 
tax. Tlie expense of investigating the title and of recording the deed 
may legally be included in the tax for a site. Although the law au- 
thorizes the leasing of a site, it does not permit the district to contract 
a permanent debt for future rent. Land for a site is sometimes held 
under a lease granting it for a consideration, paid in advance, for so 
long a time as the same may be used for the purpose of a public school. 
It is always advisable that the district should own the site. 

Sections 477 — ^484 prescribe the course to be pursued when, for any 
reason, the district is unable to obtain the site that has been chosen 
according to law. 

Where a schoolhouse is erected upon leased ground, the district may 
remove the same at any time previous to the expiration of the lease. 
(7 Bart.; N. Y. R., 2C6.) 

A clear title to a schoolhouse site ought always to be secured, and 
where land chosen for this purpose is a part of a mortgaged tract, 
a release should be obtained, if possible, before erecting a schoolhouse 
thereon. 

5. To vote such tax as the meeting shall deem sufficient to 
purchase or lease a suitable site for a school-house, to build, hire, 
or purchase a school-house and to keep in repair and furnish 
the same with tlie necessary fuel and appendages; provided, 
that no district, containing a population of less than t^vo hun- 
dred and fifty inhabitants shall have power to levy and collect 
a tax for building, hiring or purchasing a school-house of more 



POWERS OF DISTRICTS. 2o 

tlian six Imnclred dollars in any on© year, unless tlie town board 
of til© town in wliicli sueli scliool-hous© is to be situated sliail 
certify in writing that in tbeir opinion a larger sum should be 
raised, specifying sucli sum, in wKich case an amount not ex- 
ceeding the sum specified may be raised ; provided, further, 
that no district containing a population of less than one thou- 
sand inhabitants may have power to raise and collect in any- 
one year, for th© purposes above specified, more than on© thou- 
sand dollars, unless the town board shall certify as above set 
forth. 

Although a tax may be levied before a title has been acquired, yet 
the district board should not part with the money before a conveyance 
of the site has been made. 

The question sometimes arises as to the legality of connecting the 
schoolhouse with other buildings made for different purposes, and 
under other control than that of the district board. This department 
has held that a tax cannot be voted for building a house for joint 
use as an academy and schoolhouse, or a church and a schoolhouse, 
and that any partnership which does not secure to the district board 
the complete control of the house for school purposes is illegal. 

A district, meeting may vote a tax for a fence, sidewalks, separate 
privies for the two sexes, wood-house, stoves, stove-pipe, and bell, as 
these are held to be necessary appendages. 

Money may also be raised to pay for the insurance of the school- 
house. The schoolhouse can now be insured in those companies that 
require a note for part of the premium. All taxes voted must be for 
specific and legal objects and the specific amount raised for each of 
the several objects for which the tax is levied should be stated in the 
resolution passed by the meeting, in order that the district and the 
board may know the precise extent of their liability and authority. 

A district has power to vote a tax to enlarge a schoolhouse, notwith- 
standing it may have cost all that said district is by lav/ authorized 
to raise in any one year, and the tax for such enlargement does not 
require the consent of the town supervisors thereto. The amount re- 
ceived from the sale of the old schoolhouse may be added to the amount 
authorized by law to be raised for building in any one year, and ex- 
pended for the new building. 



6. To vote such tax as the meeting shall deem proper for the 
payment of teachers' wages in th© district; provided, that for 
such purposes, in all school districts having an average attend- 
ance at school for the year of fifteen scholars or less, not more 
than three hundred and fifty dollars shall be raised in any one 
year; in all school districts having an average attendance of 
not more than thirty nor less than fifteen scholars, not more 
than four hundred and fifty dollars shall be raised in any one 
year; and in all school districts having aji' average attendance 
of not more than forty nor less than thirty scholars, not more 



24- SCHOOL LAWS OF WISCONSIN. 

than five liundred and fifty dollars shall be raised in any one 
year. 

The constitution provides that the Income of the school fund shall 
be applied to tlie support and maintenance of common schools, in each 
school district, and the purchase of suitable libraries and apparatus 
therefor; while section 558 provides that the money received by each 
district from the income of the school fund shall be devoted exclu- 
sively to the payment of teachers' wages. Whether these apparently 
conflicting provisions can be reconciled or not, it is certain that the 
legislature here requires that districts shall pay each year, for teach- 
ers' wages, an amount equal to that received from the income of the 
school fund. The limitsttions of this section apply to the amount that 
may be raised for this purpose by taxation, exclusive of the amount 
received from the school fund income. 

Y. T'o antborizei and direct the sale of any school-honse, site 
or other piroperty belonging to the district when the same shall 
be no longer needed for the use of the district. 

The district should determine the conditions of the sale for which 
this section provides, if it desires to control the contract which its 
board is alone competent to make. 

8. To impose snoh a tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

By sections 435 and 436, district boards are empov/ered and required 
to do many things that may impose a debt upon the district. 

9. To vote a tax not exceeding seventy-five dollars in any one 
year for the purchase of maps, blackboards and school ap- 
paratus. 

Outline maps, reading charts, globes and blackboards add greatly 
to the efficiency of schools. Boards should be guided in the purchase 
of school appliances by the judgment of competent teachers, and that 
of disinterested persons who have some acquaintance with the teach- 
ers' needs. Thousands of dollars are doubtless expended annually in 
this state for apparatus that is practically worthless in the school 
room while the most necessary helps are entirely wanting or in such 
poor condition as to be useless. 

10. To vote a tax not exceeding one hundred dollars in any 
one year for a district library, consisting of such books as they 
may direct their district board, at a di/strict meeting, to pur- 
chase, said books to be selected under the advice of the state 
superintendent; provided, that any school district having less 
than two hundred children of school age shall not vote a tax 
exceeding^ fifty dollars in any one year for such library ; and 
that no district containing a population of less than two hun- 



POWERS OP DISTRICTS. ^5 

clrcd and fifty inliabitants shall have power to levy aud collect 
a tax of more tlian five hundred dollars' in any one year for 
any purpose other than for the purposes prescribed in the fifth 
subdivision of this section, aud for the payment of the princi- 
pial and interest of any loan due the state. 

Comments on the legislation relating to township and district libra- 
ries will be found under sections 485 — 486a. 

11. To authorize the district board to borrow money as pro- ■ 
vided elsewhere in these statutes. 

Sections 474, 475, 476— 476a and chapters 40 and 342, laws of 1901, 
prescribe the manner in which, and define the purposes for which a 
school district may borrow money. 

12. T'o authorize the district board to admit to the privileges 
of the school persons over twenty years of age and piersons not 
residing in the district, whenever such admission will not inter- 
fere with the accommiodation or instruction of the sch-olars re- 
siding therein, and to fix a fee for tuition per term, quarter or 
year to be charged tO' the persons thus admitted. 

By this clause the district is empowered to determine whether the 
persons named shall be admitted to the privileges of the school. Where 
the district fails to instruct the board in this matter, the board shall 
determine the fact and the rule under the general powers conferred 
upon district officers by the statutes. 

It is sometimes difficult for district boards to determine the liabil- 
ity of inhabitants for the tuition of persons in their employment or 
under their protection. The general rule is that a minor's residence 
is with his parents or parent while they or either of them is alive and 
maintains a home. An orphan without a guardian takes his resi- 
dence with him. While it is not right to allow non-residents and per- 
sons over twenty to overcrowd and so impair the efficiency of the 
school, it is well to remember that the constant purpose of the state 
in the establishment and maintenance of public schools is to dissemi- 
nate as widely as possible the advantages of a common school educa- 
tion. 

That provision of the state constitution which requires that "such 
schools shall be free and without charge for tuition to all children 
between the ages of four and twenty years," implies that every child 
of school age is entitled to free tuition somewhere. This manifest 
purpose of the state to extend the advantages of a common school edu- 
cation to all children within her borders, should lead school districts 
to exercise the authority to charge or to remit tuition with which the 
law vests them in a spirit of liberality toward those children that are 
compelled by parental neglect to seek the equipment that the school;? 
furnish beyond the limits of the home district. 

The supreme court of the state (74 Wis., page 48) laid down thi3 
rule that a child is entitled to free tuition in a district in v/hich ho 
is residing for other, as a main purpose, than to participate in the ad- 



26 SCHOOL LAWS OF WISCONSIN. 

vantages which the school affords. It will be seen that the decision 
guards carefully against that interpretation of the law. which would 
require districts to furnish tuition to those pupils who are in the dis- 
trict for the purpose of availing themselves of its superior school ad- 
vantages. See also 59 Conn., 489. 

The district board has no authority to admit non-resident children 
into the school contrary to the vote of the district, nor has it author- 
ity to exclude them after the district 'has voted to admit them. It is 
the duty of the board, in this matter, to carry into effect the instruc- 
tions of the district. 

It will be seen that the board has power under section 439 to admit 
persons betv.'een twenty and thirty years of age to the schools in cer- 
tain cases. This power is commented upon in the proper place. 

The teacher has no authority in the matter of admitting or exclud- 
ing non-residents, but will be governed by the instructions of the 
board. 

13. To authorize the district hoard to purchase text-booko 
for us© in the public schools, to be loaned or furnished pupils 
under such conditions as, by such vote and regulations of the 
board thereunder, may be prescribed. 

Section 440 requires school district boards to determine what books 
shall be used in their respective districts, and section 430b provides 
that the question of furnishing free text-books shall be submitted to 
every annual school district meeting. It will be seen that while the 
board has pov/er to adopt, it has no power to purchase text-books, 
unless authorized to do so by the district at Its annual meeting. Books 
that have been adopted must be retained for three years; but boards 
cannot bind their districts to purchase these books at a fixed rate, 
or of a given house for more than one year, 16 Wis., 336. 

14:. To detciTnine the length of time a school shall be taught 
in their district the then ensuing year, which shall not be less 
than six [seven] months, and whether such school shall be 
taught by a male or fe^nale teacher, or both, and whether the 
school money to which the district is entitled from' the school 
fund income and from the town shall be applied to the support 
of the summer or winter school or a certain portion to each; 
but if such matters shall not be determined at the annual meet- 
ing the district board shall determine the same. 

The number of days during which a schgol must be taught, to meet 
the requirements of the law in regard to the apportionment of school 
money, is one hundred and forty, and this number includes legal 
holidays, viz.: New Year's day, the twenty-second of February, the 
thirtieth day of May (Memorial day), the Fourth of July, and Christ- 
mas, together with days of fasting or thanksgiving appointed by state 
or national authority. 

In order that holidays may be legally counted as part of the term, 
they must occur during the time school is in session, and not during 
any vacation period. 



POWERS OF DISTRICTS. 27 

If the matters mentioned in this clause are not determined at the 
annual meeting, the district board must determine them; but it is 
competent for the district at a special meeting to decide what shall 
be the sex of the teacher and as to the length of the term of school. 

It should be borne in mind that a district, at a special meeting, can- 
not rescind a resolution passed at an annual meeting or set asids' the 
action of a district board when rights have been acquired by virtue of 
such resolution or such action. 

14a. (Chapter 256, Laws of 1905.) Section 1. Whenever 
any school district having a school house of one room only shall 
enroll in any one school term, sixty-five pnpils or more in such 
school it shall be the duty of the electors of said district at the 
next annual meeting to authorize the district board to make pro- 
vision for an additional room and an additional teacher for the 
accommodation and' instruction of said children. 

Section 2. Failure to comply with this act shall cause the 
district to forfeit the right to share in the apportionment in that 
part of the public money which said district would otherwise re- 
ceive from the sev&n-tenths mill tax as provided by law. 

This law does not mean that school must be maintained in the addi- 
tional room for the entire year but for the term only in which the en- 
rollment is beyond the limit. This will probably be the winter term 
only. If the enrollment occurs for more than one term, a state graded 
school should be organized. 

15. (As amended by Chapter 351, Laws of 1901.) To author- 
ize the district board to suspend the district school for such 
length of time as they may deem expedient, and to the best 
advantage of the district and pupils residing therein, and to 
arrange with any adjoining or other district or districts, for 
the instruction of persons of school age residing in the district, 
during the time when the school may be suspended, and to pro- 
vide for the transportation of any, or all pupils residing there- 
in, to and from the school-house in the district with which the 
arrangement for their instruction is made, and to include in 
the tax voted at the annual meeting, the amount of the expense 
incurred in providing for the transportation, and for the tuition 
of pupils in an adjoining or other district, or districts. 

16. (As amended by Chapter 351, Laws of 1901.) To vote a 
tax for the purpose of providing for the free transportation of 
any or all children residing in the district, by most direct route, 
to and from the school-house in the district. 

17. To give such direction and make such provision as may 
be necessary in relation to the prosecution or defense of any 



28 SCHOOL LAWS OF WISCONSIN. 

jiction or proceeding in wbicli the district may be a party or 
inay be interested. 

The district may appoint any suitable, person to represent it in a 
jmit; but in the absence of such appointment, the director is consti- 
tuted the representative of the district in all suits. See section 442 
and the comment thereon. 

18. At the annual meeting only, to vote a tax to compensate 
the clerk, which, in districts supporting graded and high 
schools, shall be such sums as may be voted, and in other dis- 
tricts not more than ten nor less than five dollars. 

It will be noticed that the clerk is entitled to the compensation 
specified in this section, only when it has been voted at the previous 
annual meeting of the district. Whenever an annual meeting refuses , 
to grant compensation to the clerk, or fails to vote on the question, 
he, like the other district officers, must serve without pay. 

19. To alter or modify the [their] proceedings as occasion 
jmay require. 

The power to repeal proceedings cannot be exercised after they have 
lieen carried into effect, so that rights have been acquired under them. 
When the district board has made a contract under authority of the 
district, the repeal of the resolution authorizing such contract will not 
abrogate the contract. 

A district can repeal a resolution to raise a tax, at any time before 
the warrant to collect the tax is handed to the collector; but this power 
cannot be exercised after part of the tax has been collected (Gale vs. 
Mead, 4 Hill; Smith vs. Dillingham, 4 Barbour). When it is thought 
advisable to repeal a resolution it should be done in express terms 
and not by implication. 

Officers elected at an annual meeting cannot be displaced by recon- 
sidering or rescinding former proceedings at an adjourned meeting. 
When an election has been held in due form, the elective power- of 
the district is exhausted, and the officers chosen at the annual meeting 
are the legal officers of the district, until by death, resignation, re- 
moval from the district, expiration of term, refusal to serve, or re- 
moval from office, a vacancy occurs proper to be filled by election or 
appointment. And when a person entitled to hold office has been 
elected, and has not refused to serve, there is no power to take it 
from him or to debar him from assuming its duties. 

20. (Chapter 54, Laws of 1905.) Section 1. Tho 
electors of any school district, whether under the independent 
system of school government or under the township system of 
school government, are hereby empowered when assembled at 
any annual or lawfully called special school district meeting 
or adjourned meeting to authorize the school board to levy a 
tax for the purpose of providing for the payment of transporta- 
tion of pupils to and from school or the payment of tuition or 
for the payment of both transportation and tuition. 



POWERS OF DISTRICTS. 29 

Section 2. Tlie electors of said school district are further em- 
powered, to authorize the school board to enter into the contracts 
and agreements necessary to carry out the provisions of section 
1 of this act, provided that said contracts or agreements shall 
not be made binding upon the district for a period longer than 
three years. 

Section 3. The school district board shall embod}^ in the 
notice of every annual or special meeting at which any or all of 
the above matters are to be considered a statement to that effect, 
said notices to be posted, or posted and served as provided for in 
sections 425, 426 and 427 of the statutes of 1898. 

The electors of a school district may vote to close the school house in 
the district for all or part of the year and provide for transportation 
and tuition. By such action the district does not lose its organization. 
All the rights, powers and privileges granted under the constitution 
and the statutes still exist, the same as if school had been maintained 
in the district school house. 

Limitation of taxes. Section 430a. (Part of Chapter 439, 
Laws of 1903. See page 218.) The total amount of school dis- 
trict tax hereafter levied in any school district in this state in 
any one year for building, hiring .or purchasing any school 
building, and for the maintenance of schools, including 
teachers' wages and incidental expenses, shall not exceed two 
per cent, of the total assessed valuation of taxable property in 
such school district for the preceding .year. 

Vote on free text-books. Section 430b. At the annual 
meeting the question of providing free text-books for the use 
of all pupils attending the schools in the district and levying 
a tax sufficient to_meet the expense of furnishing free text-books 
for the use of such pupils shall be submitted to the legal voters 
present at such meeting and a vote taken thereon. The chair- 
man shall direct the vote to be taken before entertaining a mo- 
tion to adjourn sine die, and upon demand of any five legal 
voters present the vote shall be taken by ballot if a written reso- 
lution upon the question be submitted, and the ballot of those 
favoring the resolution submitted shall have thereon tho word 
"yes," and of those opposing the word "no." 

This statute was designed to supplement clause 13 of section 430. 

Kindergartens. Section 430c. fCreated by Chapter 298, 
Law^s of 1899.) In any school district under the supervision 
of the county superintendent in which a high school or a graded 



30 SCHOOL LAWS OF WISCONSIN. 

school having more than two departments is maintained the 
question of establishing and maintaining by the levy of a tax 
therefor as many kindergartens as 'vill be required to accom- 
modate the children of such districts between the ages of four 
and six years, allowing forty pupils to each kindergarten may 
be submitted at the annual meeting to the legal voters present 
and a vote taken thereon as in the case of a vote on free text- 
books. 

Section 430d. (Created by Chapter 298, Laws of 1899.) 
The board of education in any city of the third or fourth class 
Avhether organized under the general law or special charter, at 
the time of certifying to the city clerk its yearly estimate of 
the expenses of the public schools under its charge shall certify 
also separately an estimate of the cost for the school year of 
as many kindergartens as will in their judgment be required 
for the accommodation of the children of said city between the 
ages of four and six years. The council shall take action 
thereon. If the whole or a part of the estimate be approved, 
the council shall make an appropriation of the amount approved 
by them for that purpose, which shall be in addition to the other 
funds appropriated for school purposes and shall be used only 
for the support of such kindergartens. 

This chapter commends itself to those who are in favor of the estab- 
lishment of kindergarten departments, either in the country or in cities 
of the third and fourth classes. 

For legal qualifications of kindergarten teachers, see chapter 347, 
laws of 1901, and chapter 69, laws of 1903. 

Rural school inspector. (Chapter 499, Laws of 1905.) 
Section 1. The state superintendent is hereby authorized to 
appoint a competent and suitable person as an inspector of rural 
schools. It shall be the duty of said inspector to visit and in- 
spect, as far as practicable, the rural schools of each county in 
the state and to procure information concerning the rural school 
districts. This inspector shall assist the state superintendent 
in preparing such special reports to the governor and legislature, 
bearing upon the conditions and needs of rural schools as may 
be advisable. It shall also be the duty of this inspector to con- 
fer with each county or district superintendent concerning the 
condition of the schools in his county or district ; to consult with 
school officers, patrons and teachers in regard to school manage- 
ment, discipline, brandies of study, school law and school sanita- 
tion and by public lectures, conferences and meetings endeavor 
to arouse an intelligent interest in industrial and agrictdtural 



POWERS OF DISTRICTS. 31 

education, as well as in the usual routine work of the elementary 
rural school. The inspector provided for by this chapter shall 
work under the direction of the state superintendent and siiall 
report to him as often as may be deemed necessary, concerning 
the conditions found in the schools and districts inspected and 
of the work done in the discharge of his duties. When the 
rural schools are not in session, said inspector shall be assigned 
to other duties by the state superintendent. 

Section 2. The inspector of rural schools shall receive as an 
annual salary two thousand dollars and shall be reimbursed for 
all actual and necessary traveling expenses when duly certified 
by the state superintendent. Such salary and expenses shall be 
paid out of the appropriation to the common school fund income 
provided for in chapter 313 of the laws of 1903. 

GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS. 

1. Elect a chairman (the person so elected may or may not be a 

member of the school board). 

2. If the district clerk is not present, appoint some one to act in his 

place. A full record of the proceedings of the meeting and the 
business transacted must appear upon the minutes. 

3. The minutes of the last annual and all intervening special meet- 

ings, if any, should be read, corrected if necessary, and ap- 
proved. 

4. The reports of the members of the board giving the receipts and. 

expenditures for the year ending June 30th should be read 
and acted upon. 

5. The report of the committee of three taxpayers appointed at the 

last annual m.eeting to examine the accounts of the school board 
should now be read. 

6. Determine the length of time school shall be taught during the 

ensuing year, which must not be less than seven months. The 
graded schools desirous of sharing in the state aid must main- 
tain at least nine months of school. 

7. Vote to raise a tax for school purposes for the ensuing year. This 

tax should be sufRcien'c to enable the board to purchase needed 
apparatus and supplies, and the question should be brought up 
by the board, discussed, and a conclusion reached as to the 
amount needed, at the board meeting on the Saturday before 
the annual meeting. (See section 425, School Code.) Any 
person has, however, the right to make a motion as to the 
amount that shall be levied. 

8. Appropriate the sums of money necessary for repairs to the school 

building, fences, out-houses, grounds, for additional furniture, 
for providiiig for heating and ventilation, repairing or placing 
new blackboards, etc., etc. The members of the school board ^ 
should make it a point to be at the schoojhonse in a body, half 
an hour or so before the time for opening the meeting. This 
time should be devoted to a careful examination of the condi- 
tion of the buildings and grounds. This is also a good time to 



32 SCHOOL LAWS OF WISCONSIN. 

determine the cash valuation of the schoolhouse and the site. 
Tlie hooks in the library (if they are still in the schoolhouse) 
should also be counted and examined, and the value of the ap- 
paratus estimated. This will enable the clerk to make a satis- 
factory statement in regard to these matters in his forthcoming 
report. 
9. If necessaiT, vote a special tax not to exceedi $75 for purchase of 
maps, blackboards and school apparatus. (See section 436 of 
the School Code.) Expensive school apparatus should not be 
purchased unless it is clearly shov/n that it has been directly 
approved by the county or state superintendent. In som^e coun- 
ties agents purporting to represent the state superintendent 
have persuaded the school boards to purchase apparatus, etc., 
which was practically valueless. School officers as agents of 
the district should avoid the impositions of such traveling sales- 
men. The state superintendent will give no general recom- 
miendation for books, furniture or apparatus of any kind. In- 
formation relating to these things is only given upon request 
from school ofRcers. Any agent for supplies purporting to rep- 
resent the state superintendent in any way whatever, is a 
swindler and his name, business, etc., should be reported to 
this office immediately. 

10. A vote should he taken as to whether or not the district clerk 

shall receive a salary for the coming year. The amount so paid 
in ordinary districts must not be lessi than five nor more than 
ten dollars. In districts supporting district and high schools 
tne amount may be such sum as the electors are willing to vote. 
Compensation for services cannot be lawfully voted for the di- 
rector and the treasurer of the school board. 

11. Election of officers to fill vacancies. This election must be by bal- 

lot. No other plan is legal. , 

12. Appoint a new committee of three taxpayers to examine the ac- 

counts of the school board between the 30th day of June next 
following their appointment and the next annual meeting, this 
committee to report at the next annual meeting. 

13. Determine whether or not the teacher or teachers for the ensuing 

term or terms shall be male or female. If the electors do not 
vote upon this question, it is left with the board to decide. 

14. If necessary, vote to authorize the board to borrow money. If this 

matter is to come before the meeting, the directions under the 
head of "Borrowing Money," found in the. School Code, should 
be carefully read. If the trust funds of the state are exhausted, 
no money will be available until the latter part of the follow- 
ing February. If money must be borrowed before that time, 
it will be well for the electors to authorize the board to bor- 
row from some bank or some individual until the 1st of March 
next. This will create an "indebtedness," which the electors 
may authorize the board to pay off later by borrowing money 
from the trust funds of the state. Applications for borrowing 
money from trust funds should be filed at the earliest practica- 
ble date. Money may be secured from this source for fifteen 
years or less at the rate of 3% psr cent per annum. Do not 
fail to read sections 475, 476, 47Ga of your School Code. 

15. Vote upon the question of authorizing the district board to admit 

to the privileges of the school, non-resident pupils and persons 
over 20 years of age. 

16. Fix a fee for tuition per week, month, or term, to be charged for 

persons admitted as non-residents. 



POWERS OF DISTRICTS. 33 

17. Vote upon the question of closing the district school for one or 

more terms or for the year and providing for tuition, or tuition 
and transportation to adjoining districts, in accordance with 
subdivisions 15 and 16, section 430, of the School Code. 

18. Vote upon the question of furnishing free textbooks for your dis- 

trict. 

19. Consider whether or not consolidation of 'school districts in your 

neighborhood will be advantageous. 

20. Take up the consideration of subdivision 14a, section 430, school 

laws, known as chapter 256, laws of 1905, if conditions demand 
It. 

21. Consider whether or not your school may be profitably organized 

into a state graded school. 

22. Entertain any other matter relating to the management of the 

affairs of the district. 

23. Adjourn sine die if the business of the district has been satisfac- 

torily completed. If not satisfactorily completed, It will be well 
to adjourn to a future day. 



34 SCHOOL LAWS OF WISCONSIN. 



II.-DISTIUCT OFFICERS. 



Elections, terms and acceptance. Section 431, Tlie officers 
of tlie district shall be a director, treasurer and clerk, who shall 
he residents of the district and hold their respective offices for 
three years and until their successors have been elected or ap- 
pointed, but not beyond ten days beyond tke expiration of 
their term of office without being again elected or appointed; 
provided, that at the first election of such officers in any newly- 
organized district the clerk shall be chosen for one year, the 
treasurer for two years and tlie director for three years; and 
thereafter each officer shall be chosen for three years. Any per- 
son present at a meeting at which he shall be elected one of 
the board shall be deemed to be notified thereof; and any per- 
son so elected and not present shall be notified thereof by the 
clerk of said meeting within five days thereafter; and unless 
each person elected and notified sliall within ten days after his 
elect:on file with the clerk his refusal in writing to accept the 
office he shall be deemed to have accepted the same. 

See Forms Nos. 15 and 16. 

For lav/ reiatins to sc-hool boards of seven members, see chapter 317, 
laws of 1899, as amended by chapter 205, laws of 1901, and cha^. c. -._.. 
laws of 1905, found under section 430 relating to powers of districts. 

In reckoning the terms of district ofQcers, the time from the first 
meeting of a legally organized district to the first annual meeting, nc 
matter how short that may be, is to be considered a year, because all 
subsequent elections must take place at the annual meetings of the 
district; hence, at the first annual meeting after its organization the 
district will elect a clerk, at the second a treasurer, and at the third, 
a director, each for a term of three years. Ordinarily, but one district 
officer will be elected at an annual meeting, but it will sometimes be 
necessary to fill the unexpired terms of those who have vacated their 
offices. 

Section 443 restricts districts in their choice of treasurers; and pro 
vides that they shall hold their oflices until their successors are elected 
or appointed, and qualified by filing the required bonds. 

Section 513 makes women tv/enty-one years of age eligible as schooJ 
district officers. Persons that have declared their intention to become 



DISTRICT OFFICERS. 35 

citizens are eligible to district offices. The supreme court in 14 Wis., 
539, held that,— 

"As to all such governments it is an acknowledged principle which 
lies at the very foundation, and the enforcement of which, needs 
neither the aid of statutory nor constitutional enactments or restric- 
tions, that the government is instituted by the citizens for their lib- 
erty and protection, and that it is to be administered and its powers 
and functions exercised only by them and through their agency." 

The doctrine laid down in this decision applies to women as well 
as to men. A married woman's legal status is determined by that of 
her husband. 



District board. S:ection 432. Tlio director, treasurer and 
clerk shall constitute the district board. Meetings^ of the board 
may be called by any two members tliereof by serving on the 
other member a written notice oi the time and place of such 
meeting" a,t leajt twenty-fonr hours before such meeting is to 
take place. 'No act autliorized to be done by the board shall 
be valid unless voted at its meeting. jSTo foaTiial notice of a 
meeting will bei required where all members are present and con- 
sent to consider matters relating to the district. 

The decision of a majority at a meeting properly convened, is the 
decision of the board, but the decision of a majority, or even of all 
three, under other circumstances, is not the decision of the board. It 
is merely the concurrent opinion of the members, and is no more the 
decision of the board than the concurrent opinion of the members of 
the legislature, arrived at by taking their separate votes at their re- 
spective homes, would be an act of the legislature. 37 Wis., 54; 59 
Wis., 518. 

It was held in 16 Maine R., 185, that the dismissal of a teacher by 
two, a majority of the board, was illegal, because the third was not 
notified, although he was out of town. The court says: "That does not 
allow the majority to dispense with the rule requiring notice. They 
are not in such cases constituted the judges whether the notice would 
be effectual to secure his attendance. Nor would it be entirely safe 
to entrust them with such power, as it would afford an opportunity 
to select an occasion when they might judge that a notice v/ould be 
ineffectual, and thus, by neglecting to give it, free themselves from the 
presence of a dissenting minority. It may often happen that those 
will be able to attend, who were believed to be so situated that their 
attendance could not be expected. Nor is there any difficulty in giv- 
ing the requisite notice in such cases, as one left at the usual place 
of residence would be sufficient." 

A single member of the board may be authorized to carry out a 
vote or determination of the board, such as making a purchase, en- 
gaging work to be done, etc. 

In Nevil v. Clifford, 63 Wis., 435, the court held that: 

1. The school board has the power to build a schoolhouse out of 
funds provided by the district for that purpose, but has no power to 
build, or cause to be built, a schoolhouse, and then make the cost of 
the building a charge against the school district. 

2. The voters at a school district meeting cannot authorize the school 



36 SCHOOL LAWS OF WISCONSIN. 

board to contract a debt on behalf of the district, or to levy a tax 
in an amount beyond the limit of their own powers in that behalli. 

3. Nor can a school district ratify a contract or acts of the s'lhool 
board, which it would have no power to authorize in the first instance. 

4. A school district though containing less than 250 inhabit an' s may 
borrow a sum exceeding $G00 for the purpose of building a schooi- 
hoiTse, if the money is borrowed on such terms that it will not be 
necessary, in order to repay it, to levy a tax exceeding $C00 in any 
one year. Subd. 11, sec. 430, and sees. 474, 475, 476, 47Ca, statutes of 
1898, and chapters 40 and 342, laws of 1901. 



Filling vacancies. Section 433. Tli© board may fill by ap- 
poiiilmcnt any vacancy that may qc^iir in tlieir number witliin 
ten days after sneli vacancy shall occur; and if such vacancy 
shall not be so filled the town or village clerk, and in the case 
of a joint district the clerk of the town or village in which 
the schoc'l-ho'use is situated, shall fill such vacancy by ap'point- 
ment. Any pereon upon being notified of his appointment 
shall be deemed to have accepted the same unless Avithin five 
days thereafter he shall file with the clerk or director a written 
refusal to sei-ve; and any person so appointed shall hold office 
until the next annual meeting, at which the electors shall fill 
such vacancy for the unexpired term. 

See Forms Nos. 17, 18 and 19. 

Section 962, of the Wisconsin statutes, declares when offices become 
vacant. That section is here inserted: 

Section 962. Every offlce shall become vacant on the happening of 
either of the following events: 

J. The death of the incumbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhabitant of the state: or if the office be 
local, his ceasing to be an inhabitant of the district, county, tov/n, 
city or village by or for which he shall have been elected or appointed, 
or within which the duties of his office are required to be discharged. 

5. His conviction of any infamous crime, or of any offense involv- 
ing violation of his official oath. 

6. The decision of a competent tribunal declaring void his election 
or a))nointment, or adjudging him insane. 

7. The neglect or refusal of any person elected or appointed or re- 
elected or re-appointed to any office to give or renew his official bond, 
or to deposit the same in the manner and within the time prescribed 
by law. 

8. The neglect or refusal of any officer In office to execute and file 
an additional bond, when lawfully required, in the manner and within 
the time so required or prescribed by law. 

9. The death or declination in writing of any person elected or 
appointed to fill a vacancy, or for a full term, before he qualifies, or 
his death or such declination before the time when, by law, he should 
enter upon the duties of his office, to which he was elected or ap- 
pointed. 



tH^TRICT OFFICERS. 37^ 

10. On the happening of any other event which is declared by any 
special provision of lav/ to create a vacancy. 

This section introduces authority for the village clerk to appoint 
members of district boards, or members of boards of joint districts, 
in all cases where the members of the boards themselves fail to fill 
a vacancy in their own number. 

This power of appointment by the village or city clerk does not ex- 
tend beyond the limits of the district in which an organized village 
or city is located. 

"When a vacancy in the board of a joint school district has not 
been filled by the board itself within ten days,, such vacancy must 
be filled by appointment made by the clerk of the town, village or city 
in which the school house of the joint district is situated. 

By this section it is made the duty of the town, city or village clerk 
to fill a vacancy in a district board when he is officially informed of 
its existence; but his function is administrative, not judicial, and 
does not clothe him v/ith authority to inquire into the validity of an 
officer's election or appointment, or to declare an office vacant. 

The sufficiency of the treasurer's bond must be determined by the 
directors and clerk, but they are bound to exercise a sound discretion 
and may not use this power to defeat the will of the district. 

"The wilful and unjust refusal of the officer required to approve 
the official bond of a person elected or appointed to an office, to give 
it his approval, cannot deprive such person of his office or create a 
vf.cancy therein. 

"If the failure of a person appointed to an office to file his official 
bond within the time prescribed was due to no neglect or default on 
his part (as where the officer required to approve such bond withheld 
his approval on the ground that the appointment was invalid), such 
appointee may, after judgment in his favor in an action to oust an 
usurper from the office, file his bond and do any other act necessary 
to entitle him to discharge the duties of the office." See section 3471, 
W. S.; 65th Wis., 510. 

The word "town" may be construed to include all cities, wards, or 
districts, unless such construction would be repugnant to the provi- 
sions of any act specially relating to the same. Subd. 17, sec. 4971, 
W. S. 

The power of a district board to fill a vacancy continues but ten 
days; if they do not fill it in that time, the duty devolves upon the 
town clerk. But neither the board nor the town clerk is authorized 
to act judicially, and set aside an election, where an officer is deemed 
to have been elected illegally. Such person having been declared 
elected, and having entered upon the office, will be held to be an officer 
de facto until the illegality of his election is determined by compe- 
tent authority. 

In other cases the board of the town, city or village clerk, before 
making an appointment, must of necessity decide in view of the facts 
that a vacancy exists, and in the order making the appointment, the 
facts which have caused the vacancy should be stated. 

In case of expiration of a term of service, and no election to fill the 
vacancy, it is to be understood that the term does not actually expire 
until ten days after the annual meeting. The board then has pov/er, 
for ten days, to fill the vacancy; and the town clerk has therefore no 
power to fill it until twenty days after the annual meeting. 

In case of a single vacancy in the district board, those in office pos- 
sess all the powers of a full board for the purpose of filling such va- 
cancy, but if two vacancies exist at the same time, the remaining mem- 
ber cannot fill them. It must be done by the town clerk. 



^8 SCHOOL LAWS OF WISCONSIN. 

A person should not be re-appointed v/ho refuses to serve, or whose 
resignation has been accepted. The statute regards the penalty for 
refusing to serve as an equivalent fo-r the service. (See section 500.) 

In case of appointment, the tei'm of office of the appointee expires 
at the next annual meeting, and if a successor is not then elected, the 
incumbent cannot hold the office more than ten days after the annual 
meeting. It then becomes the duty of the board to fill such vacancy, 
and if they neglect to fill it, this duty devolves on the town clerk. 

Vacancy. Section 433a. Wlieii the clerk, director or treas- 
urer shall be and remain absent from the district for which 
he was elected for a period exceeding sixty days his office shall 
be deemed vacant. 

Purchase, etc., of school-house. Section 434. When law- 
fully directed by the electors the board shall purchase or lease 
the site for a school-house designated by the district, build, 
hire or purchase a school-house out of tJie funds provided for 
that purpose, and sell and convey any site, school-house ot other 
property of the district. 

See Form No. 20. 

A school district is a corporate body, and as such has perpetual suc- 
cession and existence in its corporate name, and the capacity to hold 
real and personal estate for its corporate purposes. It possesses this 
power as a legal body wholly distinct from the individuals who from 
time to time compose it. The district can act as a corporation only 
through its officers. The power to purchase or lease a site for a 
schoolhouse, or to build, hire or purchase a schcolhouse, or to sell any 
schoolhouse, site or other property, belongs exclusively to the district 
board. It is often the case that a building committee is appointed by 
the district to superintend the erection of a schoolhouse. Although 
the law contemplates no such committee, there may be no serious ob- 
jection to it, if it can aid the board by its advice and service in car- 
rying out the wishes of the people. But the district board alone has 
power to bind the district by a contract, written or verbal, and the 
district has no pov.-er to supersede them by appointing a building com- 
mittee, or any other agents. 

A stringent contract, which in all cases should be in writing, with 
proper provisions for the adjustment of any questions that may arise 
under it, should be made. 

The inhabitants of a district assembled in district meeting, should 
give plain and specific instructions to the district board in regard 
to the matters referred to in this section. All votes relating to pur- 
chase or sale of a site, schoolhouse, or other district property, should 
be taken by yeas and nays, and all proceedings should be entered at 
Itngtli upon the record book of the district. 

Care of property; use of school-house. Section 435. The 
board shall have the care and keeping of the school-house, 
books, apparatus and other property of the district, except that 
especially confided by law to the clerk, and before each annual 



DISTRICT OFFICERS. . 39 

meeting tliev shall make and deposit with the clerk of the dis- 
trict an inventory thereof; keep tlie school-house in good con- 
dition and repair, and j^rovide all necessary appendages during 
the time a school shall be taught therein. They may gTant 
the request of any responsible inhabitant of the district to oc- 
cuj^y the school-house for such public meetings as will, in the 
judgment of the board, aid in disseininating intelligence and 
promoting good morals ; any such licensee shall be answerable, 
and if there be no respio-iisible licensee, the members of the 
board shall be personally liable tO' the district for any injury 
done to any property and for any expense incurred by, at or in. 
corisoquence of any such use of ihe school-house. 

The books and records of the district are by law committed to the 
care of the clerk. The board has exclusive control of all property 
belonging to the district. 

It is the duty of the board to provide the necessary appendages for 
the schoolhouse, without waiting for instructions from the people of 
the district. They are also required to keep the schoolhouse in good 
condition and repair during the time a school shall be taught therein. 
This duty should be promptly and efficiently performed. Under this 
section, the board has power to cause to be built suitable out-houses, 
and to "provide blackboards, and other things necessary to the success- 
ful management of the school. 

It may be wise for district officers to be guided by the expressed wish 
of the district concerning matters which this section commits to their 
care; but no vote of the electors of a district can divest its officers 
of the authority or relieve them of the responsibility with which the 
statute clothes them. 

In the exercise of the discretion confided to the board under this 
section it should distinguish between things necessary and 'things un- 
necessary, though perhaps desirable. A stove is a necessity, an organ 
is not. 

This power is limited by the power to raise a tax prescribed in 
subds. 5 and 8, sec. 430; and is also conditional upon the allowance 
of the account of the board at a district meeting, as provided in sec. 
436, except where the district has already provided a fund and directed 
the board to purchase and pay for such appendages therefrom. A 
purchase of seats for a schoolhouse by the board before the district 
has voted to raise any money therefor is void unless the account be 
allov;ed by the district or the purchase be in some manner ratified by 
it. The allowance of such account is a condition precedent to the 
levying of a tax therefor. Retaining and using such seats is not a 
ratification of the express contract made by the board therefor, when 
such contract was never presented to the voters of the district, and 
there is no evidence to show that they knew its terms. But such 
retention and use amount to an approval of the payment of the pur- 
chase price for such seats by the board: Kane v. School District, 52 
Wis., 502. But if the terms of such contract had been made known 
to the voters of the district at some meeting .thereof, and they had 
failed to act thereon and had afterwards authorized the district officers 
to use the articles purchased, probably this would have bound the dis- 



40 SCHOOL LAWS OF WISCONSIN. 

trict to pay the agreed price — certainly to pay the real value: Ibid. 
See note to section 434. 

The use by the district of articles purchased by the board or one 
of its members without authority does not bind it to pay for them 
Taylor v. District Township, 25 Iowa, 437; Johnson v. School District, 
67 Mo., 319. 

Purcliase of maps, books, etc. Section 43 G. Tlie board may 
ptirehase sueli books, blanks and stationery as are necessary for 
keeping a record of the proceeding's of meetings and the account 
of the treasurer, and for doing the business of the district in 
an orderly manner, such maps, charts, glohes and school appa- 
ratus as are approved by the state superintendent or by the 
county superintendent for the use of schools, not exceeding 
seventy-five dollars in value in any one year, and such school 
books as in their judgment may be necessary for the use of any 
children attending school in their district whose parents and 
guardians may not be able to furnish the same. All such pur- 
chases shall bo approved at a regular meeting of the board at 
which all the members are present. The board shall keep an 
accurate account of all expenses incurred by them under the 
provisions of this sec-tion and present an itemized statement of 
such purchases to the annual meeting. 

The apparatus most likely to be useful in the public schools will in 
elude reading charts, writing charts, numeral frames, outline maps, 
color charts, blackboards, clock, call bell, thermometer, microscope and 
magnet. See comments under paragraph 9, sec. 430. 

It is worth while to emphasize that provision of the section which 
requires that, "All such purchases shall be approved at a regular 
meeting of said board, at which all the members thereof shall be 
present." No contract made in violation or neglect of this plain re- 
quirement will bind the district, and all questions as to payment ot 
the purchase price of any school apparatus contracted for without the 
regular meeting of the board must be settled by the firm or agent and 
the school officers as individuals. They and not tne district assume 
all responsibilities. 

It will be noticed that boards are restricted to the purchase of sucn 
apparatus as has been approved by the state or county superintendent, 
and boards will often find the advice of disinterested school men a 
safer guide than their own unaided judgments. 

Flags. Skctton 43 (Vf. Every board of education or district 
board shall ^airchase at the expense of the city, town, village 
or district to -which it br-louiis and display in eaeli school-roO'Ui 
or frcan a flag-staff on each sichool-house or on the grounds 
thereof a flag of the ITnited State-, and purchase in like man- 
nor whatever may l.c needed for the display or preservation of 
the flag. 

The above section is compulsory. When a flag is purchased, the dis- 



DISTRICT OFFICERS. 41 

ti-ict board should make some provision for properly caring for it. 
If left exposed to the weather it will be quickly destroyed. The teacher 
should exercise the same control over it that it is his duty to exercise 
in regard to other district property placed in his care during the school 
term, and the district clerk should care for it during vacations. 



Deficiency in tax. Section 43Y. If any district, at its an- 
nual or at a subsequent special meeting' prior to the tliird Mon- 
day of November following, sliall not vote a tax sufficient to 
maintaiui a school for tlie term of six [seven] nnonths during 
the ensuing year, the board, on or before the Wednesday next 
following said third Monday of ISTovember, shall determine tlie 
sum necessary to be raised to maintain such school, and tlie 
clerk shall forthwith certify to the town clerk the amount so 
fixed, who sha]] assess the same as other district taxes are as- 
sessed ; and all school money received f ro^m the school fund in- 
come shall be applied exclusively to the payment of teachers' 
wages. 

"While the law has restrained districts on the one hand, from voting 
excessive taxes, it has also provided a security against the parsimony 
or negligence that v/ould sometimes fail to open schools at all, or that 
would open them for an insufficient period. Seven months' school in 
each year is the smallest amount that entitles a district to share in the 
income of the school fund. Not to provide for at least this amount is 
a wrong to children, and an injury to the public good. The district 
board is therefore charged with the duty of making this provision, if 
it is not done by the district. The neglect to do this is punishable by 
fine, or removal from office. See sections 507, 4549 and -4550. 



Contract with teacher. Section 438. The board shall con- 
tract with qualified teachers, specify in the contract the wages 
per week, month or year to be paid, and when completed file 
the contract, witli a copy of the certificate of the teacher so 
employed attached thereto-, with the clerk. Wo contract with 
any person not holding a diploma or certificate authorizing him 
to teach shall be valid ; and all such contracts shall terminate 
.if the authority to- teach expire by limitation and be not re^ 
newed or be revoked. 

See Form No. 21. 

The duty here devolving upon the district board, like any other act 
performed by it, must be preceded by a regular meeting, as provided 
for in section 432. The district board has no authority whatever for 
paying money from the district treasury for the services of a teacher 
who has not been hired strictly in accord with statutory direction. See 
section 432 and the comments thereon. Through failure to comply 
with the law, district officers render themselves liable to serious pecu- 
niary loss. 



42 SCHOOL LAV/S OF WISCONSIN. 

Two of the board may be in favor of hiring a certain teacher, and 
may think that because they are a majority there is no need of a meet- 
ing to consider the subject. But each memler of the board has an 
equal right to be heard. Two of the board have no right to assume 
that the other member may not be able to give good reasons for hiring 
some other person than their candidate. Common courtesy as well as 
the law requires a meeting for deliberation. 

In negotiating for a teacher, the board should first of all ascertain 
that the person is legally "qualified." The only legal evidence of this 
is an unexpired certificate from the proper superintendent. If the 
county be divided into two superintendent districts, the certificate 
must be from the superintencent of that division of the county in 
which the school is to be taught. In case of a joint district not 
wholly within the jurisdiction of one superintendent, the certificate 
must be from the superintendent within whose jurisdiction the school- 
house is situated. A certificate has no validity or force beyond the 
county or jurisdiction within which it is given, although "indorsed" 
by some other superintendent. 

The contract is of no force unless signed by at least two members 
of the board. It is better that it be signed by all. 

There is no authority for making a contract whereby the teacher 
engages to board with the parents of the children. 

The employment of any member of the district board to teach the 
school is not strictly forbidden by statute; nevertheless, it must be 
considered illegal, because against public policy; and a contract by a 
majority of the board with one of their own number, could not be en- 
forced. 25 Wis., 551. 

The binding character upon the district or upon the in-coming board, 
of contracts with teachers to extend beyond the close of the school 
year, is conditional. (IG Wis., 336.) But if such contract be allowed 
to stand, the district will be liable for services rendered under it. 

The selection of the teacher and the amount of his compensation 
are committed to the discretion of the board. The board may respect 
the expressed wish of the inhabitants, but the duty and responsibility 
of action in these matters remains with it. 

The teacher's security lies, first, in securing legal qualification to 
teach; second, in securing a legal contract. A verbal agreement may 
be incapable of proof, and may be broken. 

A teacher holding a legal contract may be dismissed for cause, dur- 
ing its continuance, but the burden of proof always rests with the 
party that terminates a legal contract. 

A teacher prevented from rendering full service by the destruction 
of the schoolhouse, or by the suspension of the school by order of the 
board, on account of the prevalence of a contagious disease, if ready 
at all times to render the service for which he contracted, may recover 
full compensation. 50 Vt., 30; 43 Mich., 480. 

A minor possessing the qualifications may, with the assent of his' 
father, contract v/ith a board to teach school. The law seems to con- 
template that the contract shall be made with the teacher, not the 
father. If no agreement is made by the father to relinquish the minor's 
wages he may maintain an action against the board for them: Mona- 
ghan V. School District, 38 Wis., 100. 

Rules— Expulsion of pupils. Secttoi^ 439. TTie board may 
make all miles needful for the government of the school, such 
rules to take effect when a copy of the same, signed by a ma- 



. DtSTRlCT OFFICERS. • 43 

jority of the board, is filed with the clerk; may suspend any 
pupil froiii school for non-ecmpliaiice with the rules made by 
themselves or by the teacher with their consent; may expel any 
pnpil whenever, npon^ due examination, they find him guilty 
of persistent refusal or neglect to obey the rules of the school 
and beiconiG satisfied that the interests of the school demand 
his exjmlsiqn; and may admit free of tuition any porson be- 
tween twenty and thirty years of age residing in the district 
to any school under their control when in their judgment it 
will not interfere with the pupils of school age. 

The board has power to make all needful rules and regulations for 
the organization, gradation and government of the school, and to sus- 
pend any pupil for non-compliance with reasonable rules established 
by it, or by the teacher with its consent. 35 Wis., 59; 45 Wis., 150. 
But in matters of this kind the board will, in the main, be guided 
by the advice of the teacher. While the teacher is subordinate to, and 
must execute the orders of the board, he is responsible for the con- 
duct, discipline and progress of his pupils, and should, generally, be 
allowed to decide as to the means and methods of discharging this 
responsibility. Rules adopted, or approved by the board, should be 
recorded in its minutes. 

While there is no doubt as to the authority of the board to expel 
a pupil for continued insubordination or gross immorality, humanity 
demands that all other remedies should be exhausted before resorting 
to this extreme measure. It is the province of the schools to make 
good men and good women from such material as is furnished by the , 
sevr."al communities. Their efficiency is commensurate with their 
power to incite the love of right things. 

It becomes the duty of a school board to expel a pupil whenever 
it is convinced that his continuance in school will result in its demor- 
alization, or in the contamination of his fellows; but the proof on 
which the conviction rests should be indubitable. It should be re- 
membered that the object of school discipline is to reform and re- 
store. If the board neglects to make rules for the government of the 
school, the authority of the teacher to enforce obedience to reasonable 
reouirements is unquestionable. 

The teacher may quell insubordination by corporal punishment or 
by suspension. But tl/e^e are extreme remedies, and are justifiable 
only where other means fail, or are plainly inadequate. 

Courts have uniformly siTstained the authority of school boards to 
make and enforce rules requiring pupils to bring v/ritten excuses for 
absence and tardiness under penalty of suspension. 

The rule must be reasonable, and must be enforced in a reasonable 
manner. If a school board should authorize suspension for absence 
occasioned by a violent storm, by the illness of the child, or by illness 
or death in his family, the rule would be unreasonable and therefore 
illegal. 

Barring schoolhouse doors against tardy children in cold or stormy 
weather would be cruel, and would not be sustained. 

Not unfrequently there is a disnosition to nuestion the teacher's 
right to enforce his authority by the infliction of corporal punishment. 
It should be borne in mind that the teacher who contracts to manage 



44 SCHOOL LAWS OF WISCONSIN. 

a public school undertakes to do something more than merely to pre- 
sr-ribe lessons and hear recitations. He assumes to govern the school, 
to maintain quiet and order in and about the schoolhouse, and to 
compel such conduct on the part of the pupils as shall best conduce 
to their own welfare and that of the school as a whole. This author- 
ity would be nugatory if the teacher were not armed with some co- 
ercive power. Accordingly, the supreme courts of nearly every state 
in the union have held, with singular unanimity, to the determina- 
tion that the teacher has the right, in the execution of his duty, to 
inflict corporal punishment. Our own supreme court, in 45 Wis., p. 
150, held that, "A teacher is responsible lor the discipline of his school, 
and for the progfess, conduct and deportment of his pupils. It is his 
imperative duty to maintain good order and to require of his pupils 
a faithful .performance of their duties. If he fails to do so, he is un- 
fit for his position. To enable him to discharge these duties effectually, 
he must necessarily have the power to enforce prompt obedience to 
his lawful commands. For this reason the law gives him power, in 
proper cases, to inflict corporal punishment upon refractory pupils." 
The courts have held as uniformly that the teacher was liable for the 
castigation of his pupils only v/hen the punishment was unreasonable, 
or was inflicted from malicious motives. It has also been held that 
the teacher is the best judge both of the need and the measure of pun- 
ishment. There are many circumstances tending to determine the 
guilt of the pupil which cannot be set up in evidence, — such as the 
manner of the pupil, his tone of voice and general conduct. Still, the 
infliction of physical pain hac* little educational value, and a wise 
teacher will seldom resort to this method of securing obedience. 

Relating to attendance at school. .(Cliapter 189, Laws of 
1903, amending Sections 439a, 4396, and repealing Sectio^n 
439c of the Statntes of 1898.) Section 439a. Any person 
having under his control any child between tlie ages of 7 and 
14 years, or any child between the ages of 14 and 16 years not 
regularly and lawfully emploj^ed in any useful employment or 
service at home or elsewhere, shall cause such child to he en- 
rolled and to attend some public, parochial or private school 
regularly, during such period and hours of the calendar year 
(religious holidays excepted) as the pnblic, parochial or pri- 
vate school in whi'ch such child is enrolled may be in session; 
provided, that in cities such child must atteuid school not less 
than 8 calendar mouths, and in towns, villages, and districts 
not less than 5 calendar months in each year, and provided 
further that tliis section shall not apjily to any child not in 
proper physical or mental condit'on to attend school, who shall 
present the certificate of a reputable physician in general prac- 
tice to that effect., nor to any child who livcis in cotintrv 
districts more than two miles by the nearest traveled road 
from' the school which the person having control of such child 
shall designate. Instrnetion during the required period elscr 
where than at school by a teacher se'leeted by the person hav- 



DISTRICT OFFICERS. 45 

ing control of sucli cliild shall be equivalent to scliool attend- 
ance. Oocasional legitimate absence from, school attendance 
or instruction, shall not be deemed a violation of the provi- 
sions of this section. Any person who shall violate the pro- 
visions of this sectioar shall, npo^n conviction thereof, be pun- 
ished by a fine of not less than five dollars nor more tlian fifty 
dollars, or by imprisonment in the county jail not exceeiding 
three months for- each offense. Any jDiersou who^ shall be pro- 
ceeded against under the provisions of this section may prove 
in defense that he is unable to compel the child under his con- 
trol to attend school or work, and he shall be thereupon dis- 
charged from liability^ and such child shall be proeeeded 
against as incorrigible, or othenvise, according to law, and in 
ease of commitment, if the parents or person havin.oj control 
of such child desire it, such child shall be committed to a 
school or association controlled by persons of the same reli- 
gio'us faith as such child, which is willing an,d able to receive 
and maintain it without compensation from the public treas- 
ury. When in any proceeding under this section there is any 
doubt as to the age of any child, a verified baptismal certifi- 
cate or a duly attested birtli certificate shall be produced and 
filed with the court. In case such cei'tificates cannot be secured, 
upon proof of such fact, the record of age stated in the first 
school emrollment of such child shall be admissible as evidence 
thereof. 

Duty of officers. vSectioit 4395. In all cities of the first 
class the board of education or any board having similar pow- 
ers, shall appoint three or more truant officers and in all other 
cities having more than 10,000 papulation by the last United 
States or state cemsus, such b'Oard shall appoint one or more 
truant ofii'cers whose duty it shall be to see that the provisious 
of this and the last preceding section are enforced, and when of 
his personal knowledge, or by report or complaint from any 
resident of the city, a trnant officer believes that any child is 
unlawfully and habitually absent from school and not other- 
wise receivin:s" instruction as provided in section 439a as 
amended, he shall immedintel^^ investi2:ate and render all seTv- 
ice in his power, actine' discreetly, to couipel snch child to at- 
tend some public, ro.roehial or ririvate school which the person 
having control of the child shall design ate, or if over 14 vears 
of aa^e to attend school or become resfiilarlv employed at home 
or else\vherei, and upon failure he shall serve a written notice 



46 SCHOOL LAWS OF WISCONSIN. 

upon the person having control of siicli cliild requiring him to 
place such child in some public, 2>i"ivate or parochial school 
within hve days, and if such person shall fail to comply with 
such notice without legal excuse within the specified time, the 
truant officer shall prosecute such person in the manner pro- 
vided in the preceding section. In all cities having less than 
10,000 population by such census, and in all towns, villages 
and districts the board of education or any board having sim- 
ilar powers, or the district board may appoint one or moa-e tru- 
ant officers whose duties shall be the same as Uie truant officers 
above provided, and in case no truant officer is appointed, tliese 
duties shall be performed by tlie city superintendent of schools 
in cities having sucli officers and by the chaimian of the board 
of education or tlie district board in all otlier cities, towns, vil- 
lages and districts. Any truant officer, or other officer whose 
duties are herein pTcscribed, who shall fail to comply with or 
enforce the provisions of tliis or the preceding section within 
fifteen days after a written notice has been served upon him by 
any qualified elector or taxpayer within the district, town, vil- 
lage or city within which the offending person shall reside, 
shall himself be liable to a forfeiture of, not less than ten dol- 
lars nor more than twenty dollars for each offense, and any 
such elector or taxpayer may sue for such forfeiture. Truant 
officers shall receive only such compensation froon the paiblic 
school funds as may be determined upon by their respective 
boards and such truant officers shall report all cases of truancy 
and their action therein to tlieir respective boards within sevem 
days after such action shall have been taken. Any factoay 
inspector or assistant factory inspector appointed by the com- 
missioner of the bureau of labor and industrial statistics shall 
have the power of a tniant officer, and shall repoii: all cases of 
truancy coming to his knowledge to the board of the city, town, 
village or district in which such truant resides. 

This is an important and far reaching law. It changes the period 
of attendance hereafter required on the part of persons between 7 and 
14 years of age from twelve weeks during the year to five calendar 
months on the part of such persons residing in towns, villages and dis- 
tricts and to eight calendar months on the part of persons residing in 
cities. The term "calendar month" must he understood to imply 
"school month" of twenty days including legal holidays. 



CHILD LABOR. 47 



CHILD LABOR LAW. 



(Tliis is not a school law but is printed here at tlie request of 
the Department of Labor Statistics.) 

(Chapter 274, laws of 1899, as amended by Chapter 182, 
Laws of 1901, as amended by Chapter 439 of the Laws of 
1903.) SECTioisr 1. No child between the ages of fourteen 
and sixteen years shall be employed at any time in any factory 
or work-shop, bowling alley, bar room, beer garden, in or 
about any mine, stoa-e, office, hotel, mercantile establishment, 
laundry, telegrapb, telepbone, public messenger service or work 
for wages at any gainful occupation at any place, unless there is 
first obtained from the co^mmissioner of labor, state factory in- 
spector, any assistant factoa-y inspector, or from the judge of 
the county court or municipal court ot from the judge of a ju- 
venile court where such child resides, a written permit author- 
izing the employment of such child within such time or times 
as the said commissioner of labor, state factory inspector, any 
assistant factory inspector, county judge, municipal judge or 
judge of a juvenile court may fix. No child under fourteen 
years of age shall be employed at any time in any factory or 
workshop, bowling alley, bar room, beer garden, or in or about 
any mine. 'No child under fourteen years shall be employed, 
required or suifered to w^ork for wages at any gainful occupa- 
tion at any time except that during the vacatioai of the public 
school in the town, district or city where any child between the 
ages of twelve an^d fourteen years resides, it may bei employed 
in any store, office, hotel, mercantile establisliment, laundry, 
telegTaph, telephone oi" public messenger service in the town, 
district or city where it resides, and not elsewhere, pirovided, 
that there is first obtained from the commissioner of labor, state 
factory inspector, any assistant factory inspector, county judg©, 
municipal judge, or from the judge of a juvenile court where 
such child resides, a written p'ermit authoriziiig the: employment 
of such child within such time ot times as the said commissioner 
of labor, state factory inspector, any assist^ant factory inspector, 
county judge, municipal judge or judge of a juvenile court may 
fix. The said commissioner of labour, state factory inspector, 
any assistant factory inspector, county iudge, municipal, or 
judere of a juvenile court shall keep a record, stating the name, 
date and place of birtli and place of school attended by any such 



48 SCHOOL LAWS OF WISCONSIN. 

cliild, and tlie county judge, municipal judge or sucli judge of a 
juvenile court shall report when so requfjsted bj the commis- 
sioner of labor or. state factory inspector, tlie number of peniiits 
issued by him from time to time as hereinbefore provided. 
\Vlicn the commissioner of labor, state factory inspector, any 
assistant factory inspector, county judge, municipal judge, or 
judge of a juvenile court has reason to doubt the age of any 
child who applies for such permit, commissioner of labor, 
state factory inspector, any assistant factory inspector, county 
judg"©, municipal judge or judge of a juvenile court shall de- 
miand proof of such child's age by the production of a verified 
baptismal certificate or a duly attested birth certificate, or in 
case such certificates caunot be secured, by the record of age 
stated in the first school enrollment of such child, and if such 
proof does not exist or cannot be secured then by the production 
of such O'tlier proof as may be satisf actoiry to said commissioner 
of labor, state factory inspector, any assistant factory ^inspector, 
county judge, municipal judge or judge of a juvenile court, and 
no pennit shall be issued unless proof of such child's age is filed 
wuth the said commissioner of labor, state facto^ry inspector, any 
assistant factory inspector, county judge, municipal judge or 
judge of a juvenile court. Whenever it appears that a permit 
has been obtained by a wrong or false statement as to any child's 
age, the commissioner of labor, state factory inspector, any as- 
sistant factory inspector, county judge, municipal judge or 
judge of a juvenile court of the county where such child resides 
shall revoke such permit. 

Section 2. It shall be the duty of every person, firm or cor- 
poration, agent or manager of any firm or corporation employ- 
ing minors in any mine, factory or workshop, bowling alley, bar 
room, beer garden, store, office, hotel, mercantile establishment, 
laundry, telegraph, telephone or public messenger service within 
this state to keep a register in the place where such minor is em- 
ployed and subject at all times to the inspection of any factory 
inspector, or assistant factor^^ inspector, in which register shall 
be recorded the name, age and date of birth, place of residence, 
of every child employed, permitted or suffered to work therein, 
under the age of sixteen years, and it shall be unlawful for any 
person, firm or corporation, agent or manager of any firm or 
cor]:ioration to hire or employ, permit or suffer to w^ork in any 
mine, mercantile establishment, factorv or workshop, bowling 
alley, bar room., beer garden, store, office, hotel, laundiw, tele- 
graph, telephone or public messenger service, any child under 



CHILD LABOR. 49 

sixteen years of age unless there is first provided and placed on 
file in such mine, mercantile establishment, factory or work- 
shop, bowling alley, bar room, beer garden, store, office, hotel, 
laundry, telegraph, telephone or public messenger, a permit 
granted by either the commissioner of labor, state factory in- 
spector, any assistant factory inspector, county judge, municipal 
judge, or judge of a juvenile court of the county where such 
child reside '<. 

Section o. 'No person under the age of sixteen years shall 
be employed, required, permitted or suifered to work for wages 
at any gainful occupation longer tlian ten hours in any one day, 
nor more than six days in any one week, nor after the hour of 
nine at night nor before the hour of six in the morning, pro- 
vided that this section shall not apply to boys carrying news- 
papers between tlie hours of four and six in the morning. 

SECTioisr 4. It shall be the duty of the commissioner of 
labor, the factory or assistant factory inspector to enforce 
the provisions of this act, and to prosecute violation of the same 
before any court of competent jurisdiction in this state. It 
shall be the duty of the said commissioner of labor or the factory 
or assistant factory inspectors, and they are hereby authorized 
and empowered to visit and inspect, at all reasonable timies, and 
as often as possible, all places covered by this act. 

SECTioisr 5. The commissioner of labor, the factory or assist- 
ant factory inspectors shall have the power to demand a certifi- 
cate of physical fitness from some regTilarly licensed physician, 
in the case' of children who may seem physically unable to per- 
form the labor at which they may be employed, and no minor 
shall be employed who cannot obtain such a certificate. 

Section 6. "No firm, person or corporation shall employ or 
permit any child under sixteen years of age to have the care, 
custody, management or operation of any elevator. 

Section 7. The words "manufacturing establishment," 
"factory," or "workshop" as used in this a,ct, shall be construed 
to miCan any place where goods or products are manufactured or 
repaired, dyed, cleaned or sorted, stored or packed, in whole or 
in part., for sale or for wages, and not for the personal use of the 
maker or his ot her family or employer. 

Section 8. Any person, firm or corporation, agent or man- 
ager of any corporation who, whether for himself or for such 
firm or corpoiration, or by himself or through agents, servants, 
or foremen, shall violate or fail to comply with any of the pro- 
visions of this act or shall hinder or delay the commissioner of 
4 



50 SCHOOL LAWS OF WISCONSIN. 

labor, tlie factory or assistant inspectors or any or either 
of them in the performance of their duty or refuse to admit or 
shut or lock them out froni any palace re(piired to be inspected 
by this act, shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be fined not less than ten dollars nor 
more than one hundred dollars for each offense. Any corpora- 
tion which, by its agents, officers or servants, shall violate or 
fail to comply with any of the above provisions of this act shall 
be liable to tlie above penalties, which may be recovered against 
such corporations in action for debt or assumpsit brought be- 
fore any court of competent jurisdiction. 

Section 9. Any parent or guardian, who suffers or permits 
a child to be employed, or suffered or permitted to work in vio- 
lation of this act shall be guilty of a misdemeanor and up;>n con- 
viction thereof, shall be fined not less than five nor more than 
twenty-five dollars. 

Section 10. When in any proceeding in any court under 
this section there is any doubt as to the age of any child, a veri- 
fied baptismal certificate or a duly attested birth certificate shall 
be produced' and filed M'ith the conrt. In case such certificates 
can not be secured, upon piroof of sneh fact, the record of age 
stated in the first school enrollment of such child shall be admis- 
sible as evidence thereof. 



TEXT-BOOKS. 

Choice and change of text-books. Section 440 (as amende 1 
h^ Chapter 443, Laws of 1905). The board shall determine 
what text books shall be used in the school, make a list of such 
books, file a copy thereof with the clerk and keep a copy of such 
list posted in the school house. When text books shall have 
been so adopted they shall not be changed for the period of 
three years. 

The above chapter places the power to change text books in ths 
hands of the district boards. This power can be exercised at a regu 
lar board meeting only. See section 432. Changes can b& made no 
more frequently than once in three years. For penalty se? sections 
440&, 4549 and 4550. The free text book system can only be adopted 
by the electors at the annual meeting. After adoption no change of 
books can be made for three years. 



TEXT-BOOKS. 51 

Experience has very clearly shown that the plan of furnishing 
text-books free to pupils in districts and cities is the most satisfactory, 
and much less expensive to the district or city as a whole than any 
other plan so far devised and provided for by law. It enables school 
boards to furnish each pupil in the district with necessary and suit- 
able books of the best kind at once upon entering school and at a 
cost to the district of from one-third to one-half of what is usually 
paid out by parents during the school life of their children. It is found 
in many cases that the first cost of introducing the free text-book sys- 
tem is the greatest objection to the plan. 

This may be overcome by the gradual introduction of the system. 
For instance, if the electors of the school district should at the an- 
nual meeting vote to adopt free text-books, and the directions to the 
district board were to furnish readers, language books, and grammars 
only for the coming year, the expense would be slight. Next year the 
electors might extend the system by authorizing the board to procure 
geographies, spellers, and arithmetics, and other needed books might 
be provided for later. The books are handled under this system by 
the school district board, and they are placed directly in the charga 
of the district clerk when the school is not in session. It is his duty 
to see that they are placed in the schoolhouse at the beginning of 
each term and he should keep in connection with the other district 
record required by law, a complete record of all books purchased by the 
board, furnished to the teacher by him, and received from the teacher 
at the close of the year or each term. The teacher should take charge 
of issuing the books to the pupils, and should keep a record of all 
books so issued, a record of their return by the pupils, and make 
some note as to the condition of the books when received. If properly 
cared for, the books should be serviceable for from five to six years, 
and after the first adoption the district will only be under the neces- 
sity of making provision to supply books that have been worn out 
or lost. If books are carelessly handled or destroyed by the pupils, 
the pupils or their parents should be held to account for the amount 
of the loss. 

Same in cities. SEcrroisr 440a. Tlie board of education in 
any city shall determine what text-books shall be nsed in its 
schools, make a list of such books, file a copy with their clerk 
or secretary and keep a copy posted in each school building. 
When text-books shall have been so adopted, except in a city 
which furnishes free text-books to the pupils in its piublic 
schools, they shall not be changed for three years. In any city 
^A'here the district system is not in force the board of education 
may, under the limitations of this section, order changes in text- 
books as aforesaid. Such changes, except as to free text-books 
as aforesaid, shall be appTOved by the city council ; and the board 
rf education may purchase text-books for use in its schools-, and 
loon or furnish them to pupils under such conditions or regu- 
lations as they may prescribe. But no text-books which would 



52 SCHOOL LAWS OF WISCONSIN. 

have a tendency to inculcate sectarian ideas sKall be used m any 
public school. 

Penalty. Sectiois- 4405. Every member of the district 
boar-d or of a board of education, when a list of text-books has 
been adopted according to law, who shall, within three years 
from the date of such adoption, order a change of text-books 
in his district or city shall forfeit the sum of fifty dollars. 

By the atove provisions, it will be seen that in the first instance, be- 
fore any list of text-books has been adopted for use in the district,- 
the district board is authorized and required to adopt such a list, file 
one copy v/ith the clerk, and post one copy in the school room. After 
this list is adopted, no change in that list can be made for three years, 
and thereafter only when the district, at a regular annual meeting, 
shall authorize the board to make changes therein by a vote of the 
majority of the voters present. 

It is always safe to presume, when there is considerable uniformity 
of books in use, that a list has been adopted at some time, although 
no list can be found in the file of the clerk, or posted in the school 
room; no changes should be made until the electors authorize the 
board to do so. 

In regard to a meeting of the board, the only safe plan is to call 
and hold a meeting as provided in section 432, before acting upon 
any important matter like that of changing or adopting text-books, 
hiring teachers, etc., etc., and the attention of school officers is par- 
ticularly called to the fact that the electors at a school meeting have 
no authoricy to ciiangf text-books and that there is no authority for 
making contracts v/ith publishing housjs for a specified time. 

School boards are charged with no more delicate duty than the one 
imposed by these sections. The lav/ imposes upon district boards the 
duty and the responsibility of adopting text books for the schools. In 
the discharge of this duty boards will do well to call to their aid 
the teacher and those best acquainted with the actual merits of the 
books. Such persons will be the best judges of the adai>tation of the 
books to the needs of the school. 

Board to visit school. Section 441. Tbe board shall visit 
the school, examine into its condition, advise with the teacher 
in regard to the instruction, government and progress of the 
pupils, and exercise sucb general supei-vis'on as may be neces- 
sary to carry out the provisions of this chapter. 

Insurance. Siectio-n" 441flr. Any district board or board of 
©dncation may insure the school property, and, if necessary, ex©- 
cute a note for the premiums. 



SCHOOL OFFICERS— SPECIAL DUTIES. 5$ 



SCHOOL OFFICERS— SPECIAL DUTIES:. 



DIRECTOR. 

His duties. Section 442. It shall be the duty of the director 
of each district 

1. To ooimtersigiii all orders legally drawn by the clerk upon 
the treasurer of the district. 

2. To appear for and on behalf of the district in all actions 
brought by and against it, when no other direction shall have 
been lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of the 
district on the treasurer's bond in case of any breach of any con- 
dition there«3f, and to apply all money when collected to the use 
of the district as the same should have been applied by the treas- 
urer. 

The words "legally drawn," in the first clause of this section, make 
it the duty of the director to ascertain that orders on the district 
treasury have been drawn in accordance with law, before aQxing his 
signature thereto. 

By the provisions of subdivision 17, of section 430, the district has 
power, at any meeting duly called, to give such direction and make 
such provision, as may be deemed necessary in relation to the prose- 
cution or defense of any action or proceeding in v/hich the district 
may be a party or interested; and unless some other person is desig- 
nated to perform the duty, the director is required to bring suit and 
carry out the will of the meeting. 

In case of a breach of the treasurer's bond it is the duty of the di- 
rector to commence proceedings to protect the interests of the district 
at once, without waiting for the action of a district meeting. He may 
also bring suit for an injury to a schoolhouse without direction from 
the electors. 21 Wis., 657. 

If an action is commenced against the district, the director must 
appear in behalf of the district, without waiting for authority from a 
district meeting. The district may. however, designate some other 
person to act as its representative in the defense. 



TREASURER. 

Bond. Section 443. Tlie treasurer shall, within ten days 
after his election or appointment, execute to the district and file 
with the clerk a bond, in double the amount, as nearly as can 
be ascertained, of all the money of the district to come into his 



54 SCHOOL LAWS OF WISCONSIN. 

hands, -with sufficient sureties conditioned for the faithful dis- 
charge of his duty and approved by the director and clerk. He 
shall hold office until his successor be elected or appointed and 
qualified as herein provided. Whenever the director and clerk 
shall deem the bond of the treasurer insufficient they shall de- 
mand an additional bond in such sum as they shall fix, condi- 
tioned, approved and filed in the manner aforesaid, within ten 
days after such demand. The neglect or refusal to file such 
bond in either case shall vacate tlie office. I^either the director, 
clerk nor teacher shall hold the office of treasurer in his own dis- 
trict. 

See Forms Nos. 22 and 23. 

School district treasurers hold their offices until their successors are 
elected or appointed, and qualified by filing the required bond. 

A neglect to file the bond completed and approved, within ten days, 
as the law directs, vacates the office. Filing it with the approval of 
one member of the board only, is of no effect. It is obviously improper 
for either the director or the clerk to become surety for the treasurer. 
The power granted the clerk and director by this section to require 
an additional bond, when deemed necessary, should be exercised when- 
ever the interests of the district demand it. No good citizen will re- 
gard the exercise of this power as an imputation upon his character. 
Whenever the surety on the bond is not such as the law requires, 
it is obviously the duty of the treasurer to furnish additional security, 
and it must be done within ten days, just as in the original filing of 
the bond. 

When the office is vacated from either of the causes named, the 
board will appoint a treasurer, who will be subject to the same con- 
ditions and possess the same powers as if elected to the office. 

By this section the treasurer >s required to file a bond with securi- 
ties that are sufficient in the judgment of the director and clerk, but 
these officers are to be guided in this matter by a sound discretion, 
and not by caprice. They may require the affidavit of bondsmen, cer- 
tifying that they are worth the amount for which the bond renders 
them responsible, in their own right; but they may not use the dis- 
cretion with which the law vests them to defeat the will of the dis- 
trict. 

Failure of a treasurer to pay over money in his hands on his removal 
from office is a breach of his bond, and no demand is necessary to fix 
the liability of his sureties. 27 Wis., 505. 

The district has no power to release a treasurer from liability for 
money lost or misapplied by him. 10 Neb., 293. 

If a district treasurer pays out any money of the district except 
upon an order therefor, properly drawn by the clerk and countersigned 
by the director, he may be held responsible to the district for the 
sum so paid. 98 Wis., page 22. 

Treasurer's duties. Section" 444. The treasurer shall apply 
for and receive from the town treasurer all money apportioned 
to or collected for the district and pay money on the order of 
the clerk countersigned by the director, and not otherwise. He 
shall keep a book in, which he shall enter all the money received 



SCHOOL OFFICERS— SPECIAL DUTIES. 55 

and disbursed bj binii, specifying' particularlj the sonrces from.' 
which the same has been received, the personsi to whom 
and the object for which the same has been paid, and shall afford 
the clerk access thereto when desired to enable him to make 
his annual report.. He shall piresent to the annual meeting a 
report in writing-, containing a statement of all moneys received 
by him during the preceding year and of each iteni' of disbursw- 
ment made by him and exhibit the voucher therefor. At the 
close of his term of office he shall settle with the b'Oard and de- 
liver to his successor said books, all vouchers, orders, papers and 
money coming into and remaining in his hands, as treasurer. 

While this section requires the treasurer "to pay all money received 
by him on the order of the clerk, countersigned by the dirctor," it 
should be borne in mind that he is a member of the district board and 
is bound by the general law prohibiting these officers from paying 
orders for money that has not been appropriated according to lav/. See 
section 446. He is not bound to pay an order to satisfy an appro- 
priation (made by the board) about v/hich he was not consulted. 59 
Wis., 518. 

An order, although properly drawn, does not relieve a trea3urer of 
his responsibilities as a district officer. It is his business to see that 
the money of the district is disbursed according to law. 

The district treasurer can ascertain the am.ount of money to which 
his district is entitled, by examining the certificate of apportionment 
on file in the town treasurer's office, which that officer receives from 
the town clerk. The district treasurer should pay all legal orders in 
the order of presentation, when no special direction appears upon the 
order to the contrary. 

The law now requires the treasurer to give the clerk access to his 
books in making his report. 

It is a duty which the treasurer owes to himself, as well as to his 
district, to keep an accurate record of his accounts, so as to be able 
to present a clear and satisfactory statement of the transactions of the 
year. The account required to be kept by him, may be a simple cash 
account, in which the treasurer personally, and in his individual name 
is charged with all school moneys received by him, and credited with 
each payment, specifying the date, the person to whom and the ac- 
count on which it was made. It is convenient and will conduce to 
accuracy to number each credit consecutively, and to afBx the same 
number to the order to be produced in proof of payment, and in sup- 
port of such payment. This account should be kept in a book well 
bound, and a transcript of such account should be made, and with the 
proper vouchers, presented - to the annual meeting. This transcript 
should be examined by a committee appointed by the meeting, and 
should be endorsed by said committee as having been examined and 
found correct, if the committee find it regular in all respects. When 
at the close of his term of office he settles with the district board, 
as required by law, the board should enter, upon the original account 
in the blank-book, its certificate that it has examined su(% account 
up to and including the last preceding entry (giving its date), and the 
vouchers therefor, and that it finds the same correct. 

It is deemed proper to refer here to the present lav/ in regard to 
embezzlement. Refusal of an officer or other person, made the custo- 
dian of money, to pay over the same on lawful demand, is declared 



56 SCHOOL LAWS OF WISCONSIN. 

to be embezzlement, and is punishable by imprisonment or fine. And 
if any person so demanding money and refused the same neglects to 
make complaint against such offcer, he is also punishable by imprison- 
ment, or fine. Sections 4418-4421 of the Wisconsin statutes relate to 
this matter. It will be seen by section 963, that whenever any judg- 
ment has been rendered against the treasurer for any breach of the 
conditions of his bond the governor may declare the office vacant. The 
vacancy will be filled as other vacancies in the district board are 
filled. 

It is also deemed proper to refer here to the provisions of law re- 
lating to proceedings to compel the delivery of books and papers of 
public officers to their successors, contained in chapter XLIIL, Wiscon- 
sin statutes, and embracing sections 977-983 inclusive. Severe pen- 
alties and summary proceedings are therein provided for failure to 
thus deliver books and papers to successors. 

Prosecution of town treasurer. Section 445. Tlie treasurer 
shall prosecute the town treasurer of the toAvn in which the dis- 
trict or any part thereof is situated for the recovery of any 
money belonging" to the district which the town treasurer re- 
fuses or neglects for the space of ten days from the time fixed 
by law therefor to pay over to him. 

The treasurer should bring the action before a justice of the peace, 
if the amount withheld does not exceed $200; otherwise, in the circuit 
court. 

CLKRK. 

His duties. Section 446. It shall be the duty of the clerk : 

1. To report the name and postoffic© address of each offijcer 
of his district to the town clerk and to the town treasurer, or if 
a joint district to the clerk and treasurer of each town in which 
his district is situated, within ten days after the election or ap- 
pointment of such officer. 

2. T'o act as clerk and record the proceedings of the district 
meetings. 

3. To enter in the record book provided by the board the 
minutes of its meetings, orders, resolutions and otlier proceed- 
ings. 

4. To enter in said record book copies of all his reports to 
the town clerk and the certiiicate of the proceedings of a meet- 
ing returned by a temporary clerk as provided in section 430. 

5. To draw orders on the treasurer for money apportioned 
to or raised by the district to pay, according to the contract 
m-ade by the board, the wages of any qualified teacher for teach- 
ing the district school, and to make any other payment voted 
at a meeting pursuant to section 430. (See Form N"©. 24.) 



SCHOOL OFFICERS— SPECIAL DUTIES. 5t 

6. To make a recjord in some suitable book of all orders 
drawn on the treasurer. 

Y. T'o furnish, at the expense of the district for the use of 
each teacher a school register in the form prescribed by the 
state superintendent, to procure the same to be returned to him 
at the expiration of the teacher's employment and to preserve 
the same with the records and papers of the district. 

8. To notify any person of his election or appioantment to 
a district office within five days thereafter, to furnish any 
teacher a copy of the contract made with him by the bo^ard and 
to performi any other duties imposed upon him by law. 

The importance of full and accurate records cannot be too strongly 
emphasized. The record book of the district should contain a full 
history of its school affairs. Dates, names, resolutions, votes, etc., 
should be given with such exactness that no trouble can arise which 
a reference to its pages will not help to settle. Financial statements 
and reports should be spread out on the record book. Documents that 
are merely filed are soon lost. 

The clerk cannot properly refuse to record the proceedings of a 
meeting that he was opposed to calling. And although he may think 
the proceedings illegal, it Is his duty, nevertheless, faithfully to re- 
cord them. If illegal, they may be set aside by competent authority, 
on appeal; and the record of the clerk is of importance in deciding 
the question. 

As the board has no authority to contract with a teacher who does 
not hold a legal certificate of qualification, so also any use of public 
funds, from whatever source received, for the payment of teachers 
not legally qualified, is a palpable violation of law. It is the duty 
of the clerk to see and know that the person employed is legally quali- 
fied and entitled to teach, before any order for payment is drawn. It 
is no less the duty of the director to refuse to countersign, and of 
the treasurer to refuse to pay, orders drawn jn violation of law; and 
these officers are bound to know that orders are legal before they recog- 
nize them as valid. 



Orders in favor of teachers. S'SCtiobt 446a. ISTo order shall 
be drawn, countersigned or paid which is in favor of any per- 
son who has taught school in said district when not holding a 
certificate of qualification therefor as provided by law, nor for 
the payment of which the money has not been appropriated 
according to law, and no order shall be drawn for any money 
received fromi the school fund income for any other purpose 
than payment of teachers' wages. 



58 SCHOOL LAWS OF WISCONSIN. - 

WHAT SHALL BE TAUGHT. 

Studies— Kindergartens. Section 447 (as amended by 
Chapter 158, LaAvs of 1905). Orthography, orthoepy, read- 
ing, writing, grammar, geography, arithmetic, elements of agri- 
cn'ltnre, history of the United States, the constitution of the 
United States 'and the constitution of this state, and such other 
branches as the board may determine, shall be taught in every 
district school. All instruction shall be in the English 
lanonage, except -that the district board or the board of educa- 
tion may, in their discretion, cause any foreigii language to be 
tauglit by a competent teacher to such pupils as desire it, not to 
exceed one hour each day. District boards, town boards of 
school directors and boards of education may provide fov 
kindergartens, for instruction and training of primary grade ; 
in separate departments or otherwise. 

The topics recited in this section constitute the foundation of an 
education. The legislature evidently regarded them as of prime im- 
portance, and provided that they must he taught. 

Whenever, by the introduction of other branches into the public 
schools these are excluded, or are taught less efficiently, the plain pro- 
vision of the section is violated. Every school should be so conducted 
as to secure daily instruction in reading, vs^riting and spelling, and 
written exercises should be required of persons of suitable advance- 
ment in every branch taught in the schools. 

The law contemplates instruction, discipline and government of such 
character as to prepare the young to discharge their duties as citizens 
of a country in which the English language is used by the courts, 
the legislature and the people. To carry out this provision of the law, 
section 449 provides: "No person shall receive any certificate who does 
not write and speak the English language with facility and correct- 
ness." 

Acquaintance with another language may aid in the instruction of 
children of foreign birth, or parentage, and this section allows one 
hour a day to he given to instruction in a foreign language, but the 
purpose of the provision is to limit, not to encourage the study of a 
foreign language in a common public school. 

The parent has the right to make a reasonable selection from the 
prescribed studies for his child to pursue; and a teacher is not au- 
thorized to inflict corporal punishment for the purpose of compelling 
the child to pursue the study forbidden by the parent: Morrow v. 
Wood, 35 Wis., 59. 

Physiology and hygiene. Section 44Ya. Provision shall be 
made by the proper local school authorities for instructing all 
pupils in all schools supported by public money or under state 
control, in physiology and hygiene with special reference to 
the effects, of stimulants and narcotics upon the human system. 



Studies. 59, 

T!he text-books used in giving sucli instruction shall have the 
joint approval of the state superintendent and the state board of 
health. 

This section contemplates instruction in physiology and hygiene, for 
all pupils sufficiently advanced in age and scholarship, with special 
reference to the effects of stimulants and narcotics upon the human 
system. Under the guidance of an approved book, oral instruction in 
this topic may he given to pupils that are too immature to be bene- 
fited by the use of a text-book. 

The effectiveness of the work in this branch, so far as its oral presen- 
tation is concerned, will depend on the simplicity of the instruction, 
and the good judgment" of the teacher in avoiding abstruse and offen- 
sive statements. In all instruction given under this law the subject 
of anatomy should be considered as taking a secondary place. 



^Q SCHOOL LAWS OF WISCONSII^. 



IIL-CERTIFICATES AND EXAMINATIONS. 



TEACHERS. 



Certificates. Sectio^t 448. If any person desires to teach ii 
any of the common schools he shall pa'ocure a certificate from 
the pro'per examining officer, and no certificate shall have force 
exceiDt in the district of the officer by wliom issued. 

Grades of; who not to have. Section 449. There shall he 
throe li'rades of teachers' certificates, to he knoAvn as filr.it, second 
and third. Each certificate shall show the hranches in which 
the holder has been examined and his relative attainments in 
each branch. No person kno^vn to the exaanining officer to be 
of immoral character, deficient in learning- or ability to teach 
or nnable to write and speak the English language with facility 
and correctness shall receive a certificate. 

CERTIFICATION OF TEACHERS. 

(Cliapter 439, Laws of 1901, giving- section 450 as amended 
by chapter 5, laws of 1903, and amending sections 450, 451, 452 
and 452a, statutes of 1898, and adding sections 450a, 4505, and 
450c, relating to certification of teachers; providing special state 
aid for graded schools an.d authorizing the appointment of two 
state school inspectors.) 

Additional branches required for county certificates ; duration of 
first and second grade certificates extended. Section" 450. 
Elvery applicant for a certificate shall be examined in the sub- 
jects hereinafter mentioned, for the several grades respectively 
as follows: For the third grade, in orthoepy, orthography, 
reading, penmanship, arithmetic, English grammar, geograp>hy, 
the history of the United States, the constitution of the United 
States, the constitution of the state of Wisconsin, physiolo'gy 
and hygiene, with special reference to the effects of stimulants 
and narcotics upon the human system, tlie theory and art of 



CERTIFICATES AND EXAMINATIONS. 61 

teaching, and after January 1st, 1902, in the "M,annal of tlia 
Elementarj Course of Study for the ConiniO'n Schools of Wis- 
consin," and in the elements of agriculture; for the second 
grade in all the foregoing and also in algebra, physical geog- 
raphy, and after July 1st, 1902, in American literature and 
English composition ; for the first grade in all the foregoing* 
and also in 'physics and plane geometry, and after July Ist, 
1902, in English literature and English history. If found 
qualificid, said applicant shall receive the certificate approp'ri- 
ate to his grade. A third grade certificate shall entitle the 
holder to teach for such period not more than one year as may 
be specified tlierein, in any town in the superintendent district 
in which he is examined, except that it may be limited by the 
county superintendent to one town or school district therein. 
A second grade certificate shall entitle the holder to teach in 
any town in such superintendent district and be in force three 
years from its date, but the county superintendent may limit 
the same to one year and remove the limitation upon satisfac- 
tory evidence that the holder has successfully taught a public 
school in this state for at least six months. 

A first grade certificate shall entitle the holder to teach in 
any town in such superintendent district and be in force five 
years from its date; provided, that no such certificate shall be 
issued to any person who has not taught successfully for one 
school year in the public schools of Wisconsin. Whenever a 
person has taught successfully for one year on such a limited 
first grade certificate, the county superintendent shall, upon 
the presentation of satisfactory evidence of such successful 
teaching, issue to the holder of the limited certificate a first 
grade certificate good for five years from the date of issue of 
the limited certificate. 

The slight change in this lav/ authorizes the county superintendent 
to limit a second grade certificate for one year only when issued to a 
person who has not already taught successfully. This limitation may 
be removed after such person has taught successfully for at least six 
months. 

Transfer and renewal of certificates unlawful. Section 450a. 
It shall not be lawful for any county superintendent to endorse 
a, certificate issued by any other county superintendent, nor to 
extend the life of any certificate beyond the limits fixed by 
law. The papers written in any examination shall not be used 
as the basis for issuing a second certificate, which shall have 
the effect of extending the life of the certificate first issued 



52 SCHOOL LAWS OF WISCONSIN. 

thereon. But in any examination for a second certificate, -whe-n 
tlie aijplicant has tauglit successfully in the superintendent dis- 
trict for one school year on a certificate previously issued by 
him, the superintendent m:ay, in his discretion, accept standings 
on papers written by the applicant in tlie preceding examina- 
tion not to exceed five in number, in lieu of a re-examination 
in the subjects for which standings are so accepted. 

Preservation of examination papers. Section 4506. It shall 
bo the duty of every county superintendent to preserve on file 
in his oflice during the life of every certificate issued by him or 
his j)Tedecessors, the examination papers, both questions and the 
answers thereto', examined by him or his predecessors, and upo'U 
which the certificate was issued ; provided, that this section shall 
not pirevent the transfer of papers to the state suiJarintendent, as 
provided in section six of this act. 

Issue of certificate on transfer of papers. Section 450c. If 
any person holding a certificate desires to teach in any county 
or superintendent district other than the one for which his cer- 
tificate was issued, the county superintendent of that county 
or district may request the county superintendent who issued 
the certificate to transfer to him the papers in his i>ossession upon 
which the certificate was issued, whereupo'n it shall be the 
duty of the county superintendent so requested, to transfer tbe 
papers, if any. If these p'apers and standings are found satis- 
factory by the county superintendent to whom they were trans- 
ferred, he may issue a certificate upon them of the same grade 
as the original certificate and coterminous with it, or one of a 
lower gTade to be in force a shorter time, and he shall pre'- 
serve the papers on file in his office. If the papers are found 
imsatisfactory, and the certificate is denied, he shall return the 
papers to the co'unty superintendent from wdiom he received 
them'. 

See also chapter 104, laws O'f 1899, page 67, of this code. 

Standard of attainment in branclies required for certificates. 
Section 451. Each county superintendent shall establish for 
his county, subject to the approval of the state superintendent, 
the standard of attainment in e'ach branch of study which 
must be reached by each applicant before receiving a cert'ficate. 
The standard so established shall be unifomi in the county or su- 
perintendent district and no certificates shall be issued until the 



CERTIFICATES AND EXAMINATIONS. 63 

standard is established. Tlie standard in tlie branches of study 
common to the third gTade and the second grade certificates shall 
be higher for the second than for the third grade certificate, and 
the standard in the branches common tO' the second grade and 
the first grade branches shall be higher for the first grade than 
for the second grade certificate. The county superinteudent 
may demand an examination in such additional branches as the 
applicant may be required to teach, and wheneiver he shall deemi 
it ncioessary he may require a re-examination of any teacher 
in his county or superintendent district for the purpose of as^ 
oertaining his qualifications toi continue as such teacher. 

Comments relating to the standard of attainment will be found un- 
der section 461. This provision enables the superintendent to act upon 
the facts within his own knowledge in the accomplishment of the 
end contemplated in section 453. The re-examination authorizes him 
to pass judgment upon the teacher with reference to his learning, 
ability to teach, and moral character. If found deficient in any of 
these particulars to such a degree that his continuance- as a teacher 
would be prejudicial to the interests of education, the certificate should 
not be granted. The superintendent may base his judgment as to the 
teacher's ability upon the results of the observations made by him 
during school visitation. Care should be exercised that the observcJ 
conditions are of a permanent character and evidence the real condi- 
tion of the school, as the authority to demand a re examination of a 
teacher can lawfully be exercised only when there is good and sufficient 
cause for It. 

At least five days' notice should be given to the board and the teacher 
of the time and place when and where the examination v/ill be held. 
When the exigencies of the case demand the immediate removal of 
the teacher, it is advisable to confer with the board with a view to 
secure his dismissal on the grounds of failure to perform his con- 
tract. Upon the board's failure to act, it will be proper for the su- 
perintendent, in the discharge of his duty, to exercise the authority 
with which the statute clothes him, that is, he may annul the teacher's 
certificate, whereupon the contract will expire by force of lav>^. See 
section 438. 

If the case arises near the close of the teacher's term, it may be the 
better course to require the teacher to appear at the next public ex- 
amination; the facts and circumstances of each case should control 
the action of the superintendent. 

Appeal to state superintendent from markings by county super- 
intendent. Section 452. Any applicant refused a certificate 
as teacher by the county superintendent, may apply to the state 
superintendent for a re-exam. in.ation. The superintendent 
upon demand, shall give any applicant refused a certificate a 
written statement of the reasons of such refusal, which shall be 
presented to the state supisrintendcnt by the person desiring re- 
examination. If upon such re-examination the state superin- 
tendent shall be satisfied that such applicant is legally qualified. 



64 SCHOOL LAWS OF WISCONSIN. 

lie shall issue a certificate of the proper grade, which shall en- 
title him to the same privileges as if it had been issued by the 
county superintendent. In the exercise of his powers of gen- 
eral supei-vision of the schools, the state superintendent is 
hereby authorized to call for the examination papers, both ques- 
tions and answers, of any person to whom a certificate has been 
granted, and it is made the duty of all county superintendents 
to furnish such papers when so called for. If, upon examina- 
tion of the papers, the state superintendent is satisfied that the 
person to whom the certificato has been granted is not qualified, 
he may annul the certificate. 

An appeal from the action of a county superintendent in refusing 
to grant a certificate must be conducted according to the rules and 
regulations of the department governing appeals. As the county su- 
perintendent fixes the standard of attainment under the advice of the 
state superintendent, no appeal need be taken under the impression 
that the standard will be lovv^ered. 

If the refusal is for want of literary qualifications, a re-examination 
will probably be necessary. If for other reasons, the decision will be 
rendered according to the evidence submitted. The forms and rules 
to be observed by a teacher in taking an appeal will be found under 
section 497. 



Countersignature of high school diploma by county superin- 
tendent. Section 452a. The free high school board shall 
make out and deliver to each graduate of tlie high school at the 
time of graduation, a certificate of his standing in the branches 
pursued by him in such school; and if such graduate of a high 
school, having a four years' course receive a first grade certifi- 
cate from any county superintendent, and furnish to him or to 
any other county suj^'orintcndent, a certificate from the free 
high school board that iucludes a satisfactory standing in theory 
and a*rt of teaching, based on a study of this subject in a free 
high school for at least twelve weeks, and furnish also sat'sfac- 
tory proof of having taught successfully at least one school 
year, under such first grade certificate, such county superin- 
tendent may countersign his certificate of graduation or di- 
ploma at any time l:)efore the expiration of the first grade cer- 
tificate, and affix the date of such signature thereto'. The di- 
ploma so countersigned shall have for the period of five years 
thereafter, tlie force and effect of a first grade certificate. It 
shall be lawful for more than one county superintendent to 
countersign the diploma, but no countersignature shall have the 
effect of extending the diploma as a first grade certificate ]ye- 



CERTIFICATES AND EXAMINATIONS. 65 

jond the expiration of the five years imiiiediately following the 
date of its first countersignature. 

Seven months' teaching may under this section be considered as 
one year of teaching. The proof of satisfactory work should be ob- 
tained from the ofRcers of the district in which the teaching has been 
done. If the applicant has taught in more than one district, testimo- 
nials signed by the officers of each board should be furnished. The 
teaching required must be done in a public school. The high school 
officers should make it a part of their duty as a board to issue the 
certificates ot c-andings to the graduates of their school. 

Required studies in high schools for countersignature of di- 
ploma. Section 49 Ga. The state superintendent shall p!r&- 
pare a course or courses of study suitable to be pursued in free 
high schools, publish the same and furnish the same upon appli- 
cation. He shall exercise such personal supervision and make 
such personal inspection of the work of all such schools as they 
seean to require and the other duties of his ofiice may warrant ; 
he shall examine or cause tO' be examined all teachers of high 
schools, required by law to pass special examinations to qualify 
them for teaching in high schools, and grant certificates to such 
as pass examinations satisfactorily, which certificates shall be 
in such form and for such time as he may prescribe, and shall 
authorize the holder to teach in such special place or places, or 
in the whole state, as the qualifications of the candidate may 
warrant. Each free high school shall offer at least a twelve 
weeks' course of instruction each, year in the theory and art of 
teaching; in the organization, management, and course of study 
of imgraded schools ; and in the duties of citizens in the organ- 
ization and administration of local school systems. Such a 
course of instruction shall be open to all students in this school 
and a satisfactory standing in the work of this course shall be a 
condition precedent to the countersignature of a diploma held 
by a graduate of the school as provided in Section 7 of this act. 
Said superintendent shall furnish suitable blanks for annual 
and special reports for all such schools, which shall require re- 
turns as to the number, age and sex of all piupils enrolled, the 
number in each class or year in the course of study, the number 
pursuing English branches only, tlie number completing the 
course of study each year and such other statistics as may be 
deemed necessary. 

This section relates more especially to the free high schools and 
will also be found printed in that part of this volume relating to 
such schools. It is printed here in order to preserve chapter 439 entire. 

5 



36 SCHOOL LAWS OF WISCONSIN. 

Districts which may receive state aid for graded schools. Sec- 
tion (as anieinled by Chapter 289, Laws o£ 1905, amending 
Chapter 439, Laws of 1901, as amended by Chapter 285, Laws 
of 1903). Tlie school .board of any school district containing 
within its limits a graded school bnt no free high school nor a 
high school of a grade eqnivalent to a free high school, town free 
high schools excepted, may receive special state aid as herein- 
after provided upon full compliance with the following condi- 
tions : 

Classes. 1. Tliere shall be two classes of state graded schools 
in Wisconsin, known respectively as first class, and second 
class; all state graded schools of three or more departuients 
shall be in the first class, and all state graded schools of two de- 
partments shall be in the second class. 

Length of school year; average daily attendance. (Cfliapter 
285, Laws of 1903, amending Subdivision 2, of S.ec. 9, Ch. 439, 
Laws of 1901.) 2. Schools shall bo maintained in the district 
receiving such aid, at least nine school months, including legal 
holidays, in each and eveiy department. At least three depart- 
ments in schools of tlie first class and both departments in schools 
of tlie second class shall have an average daily attendance of not 
less than fifteen pupils for tlio entire school year, to entitle the 
school to state aid. 

The change made by this chapter is slight. It provides that when 
any three departments in a state graded school shall have had an 
average daily attendance of not less than fifteen for the entire school 
year the district will he entitled to share in the special apportionment 
made to graded schools, notwithstanding that a fourth or a fifth de- 
partment may not have had an average daily attendance of fifteen 
pupils. 

Qualifications of teachers. 3. All persons employed in both 
classes of graded schools applying for state aid shall be com- 
petent teachers and shall hold the following grade of certifi- 
cates: The principal of a state graded school of the first class 
shall hold some fonn of a state certificate. In each school of 
this class one assistant shall hold a third grade certificate, or a 
certificate of a higher grade, provided such assistant, if holding 
a third grade certificate, shall also have had one year's success- 
ful ex]X^rience as a teacher in the public schools of Wisconsin ; 
one assistant shall hold a. second gTade certificate, or a certifi- 
cate of a higher grade, and all other assistants shall hold first 
grade certificates or cei'tificates of a higher grade. The prin- 
cipal of a state graded school of the second class shall hold a i 
first grade county certificate, or some form of a state ceilificate, 



CERTIFICATES AND EXAMINATIONS. 67 

and the assistant shall hold a third grade certificate or a certifi- 
cate of a higher grade, provided such assistant, if holding a 
third grade certificate, shall also have had one year's successful 
experience as a teacher in the public schools of Wisconsin. 
, The word "princii^al" is hereby interpreted as meaning the 
teacher of the highest grade or grades in the school who shall 
have immediate supervision of ail the grades ; the word "assist- 
ant" is hereby interpreted aB meaning each and every teacher 
in a state graded school other than the principal. 

Condition of buildings and grounds. 4. The school-house or 
school-houses, the outhouses and the grounds, the furniture 
and equipment, shall be maintained in good condition and kept 
free from any unsanitary feature. 

Equipment required. 5. Suifieient equipment, including 
globes, maps, blackboards, library, and other essentials for the 
proper work of the school shall be provided by the school dis- 
trict. 

Application for aid; must be inspected. 6. When the school 
board of any school district desires to secure state aid for its 
graded schoo-ls, said school board shall make written application 
for the same to the state superintendent. jSTo graded school 
shall he entitled to be placed upon the list of state graded 
schools and to receive special state aid imtil said school shall 
have been duly inspected by the state superintendent, or some 
meml:er of his staff, and found to be fully complying with all 
the conditions of this act. 

Application before September 1. Y. In order that any gi-aded 
school may receive special state aid as herein provided, appli- 
cation shall be made to the state superintendent by the school 
board before the first day of September preceding the school 
year for which said special state aid is requested. 

Amount of aid for two classes of graded schools; apportion- 
ment. Section 10 (as amended by Chapter 332, Laws of 
1905). Any school district which shall have maintained a 
graded school of the first class in accordance with the provisions 
of this act shall be entitled to receive from the general fund of 
the state, annually, the -sum of three hundred dollars. Any 
school district which shall have maintained a graded school of 
the second class in accordance with the provisions of this act 



68 SCHOOL LAWS OF WISCONSIN. 

shall be entitled to receive from the general fund of the state, 
annually, the sum of one hundred dollars. To obtain such state 
aid tlie school board shall on or before the first day of August of 
each year, succeeding the school year in which application is 
made, report to the state superintendent, under their oaths, 
that such state graded school has complied with all the pro- 
visions of this act. Thereupon, the said state superintendent 
shall fix the amount to be paid such district, and certify the 
same to the secretary of state ; the secretary of state shall then 
draw his warrants upon the. state treasurer for the several claims 
of the school districts ; the secretary of state shall annually in- 
clude and apportion in the state tax such sum as shall have been 
certified by the state superintendent under the provisions of this 
act; upon receipt of the annual state taxes said state treasurer 
shall pay to the school district treasurers, the several amounts 
called for by such warrants. The state superintendent is here- 
by empowered to refuse state aid to any school district which in 
his judgment has failed to comply Avith the provisions of this 
act. The whole amount annually paid under the provisions of 
this act shall not exceed eighty thousand dollars, and if more be 
demanded by the state graded schools, it shall be paid propor- 
tionally. Any un.expended balance shall revert to the general 
fund. 

Inspectors. Section 11. The state superintendent is hereby 
authorized to apj)ioint two persons of suitable qualifications to 
assist him in inspecting and supervising the state graded and 
free high schools, and to aid him in giving information and 
needed assistance tx) localities in organizing such schools. Such 
persons shall be known a.s state school inspectorts, and shall each 
receive an annual salary of sixteen, hundred dollars, and re- 
imbursement for all actual and necessary traveling expenses 
incurred, when duly certified to by the state superintendent; 
said salaiw and expenses to be paid monthly from the general 
fund, and to be deducted from the annual appropriation pro- 
vided for in this act, before the apportionment is made to the 
state graded schools. Said state school inspectors, when not en- 
gaged in the specific duties enumerated herein, may be assigned 
for such other duties as the state superintendent may determine 
and designate. 

Course of study; reports. SECTioisr 12. The state superin- 
tendent shall prepare a course of study suitable to be pursued in 



CERTIFICATES AND EXAMINATIONS. 69 

graded schools, publish the same, and furnish to school boards 
upon a|)plieation. This course of study shall be followed by all 
state graded schools, as one condition of securing special state 
rid. Said state superintendent shall furnish suitable blanks 
for annual and special reports for all such state graded schools, 
which reports shall call for such information as he may deem 
necessary. The refusal or neglect of the cchool board or any 
of its officers to file these reports with the ctate superintendent 
when called for, shall be deemed sufficient ground for refusing 
special state aid, as provided for in this act. 

Number limited; incorporated cities excluded. Section 13. 
'No' more than one such graded school in any village, or scliool 
district or sub-district, shall receive state aid r.s herein provided, 
nor shall any graded school in any incorporated city partici- 
pate in said state aid. 

Appropriation. Section 14. There is hereby appropriated 
out of any moneys in the general fund of the state not other- 
wise appTopriated, a sufficient sum of money tO' meet the p'ro- 
visions of tl is act. 

The special state aid referred to cannot be given to any district 
having a graded school and also a high school, nor is it intended that 
any special aid shall he given to graded schools located in cities. A 
district having a school of but one denartment, with a large attendance 
may, under this law, find it decidedly advantageous to organize an 
additional department, properly grade the school, and by so doing 
become entitled to special aid from the state, to the amount of $100 
or $300 per annum, as the case may be. Applications for place upon 
the graded school list should be made before the first dav of Sentem- 
ber, in any year. The following directions and suggestions are given 
for the consideration of school boards of districts interested in secur- 
ing special aid under this chapter: 

1. Write to the state superintendent for a special application blank. 

2. When the blank is received, call a meeting of the school board 
in accordance with law, make a motion to apply for state aid, record 
this motion and the vote upon it as a part of the minutes of the 
meeting, then fill out the application v/hich must be signed by at 
least a majority of the members of the board, and return it to the state 
superintendent. 

If it is proposed to organize an additional department to your school 
for the coming year, you should plan to recommend the levying of a 
tax sufficient to meet such changes as may be necessary, to the electors 
at your annual school district meeting to be held the first Monday 
in July. Provision must also be made for nine months of school dur- 
ing the year. 

The application for the state aid, properly signed, must be in the 
hands of the state superintendent before September 1 of any year. 

In the employment of teachers, the board must see that for a two 
department school, the principal must hold a first grade county cer- 



)70 SCHOOL LAWS OF WISCONSIN. 

tificate, or sdme form of a state certificate; while the assistant may 
hold a third grade county certificate, or a certificate of some higher 
grade. If the person contracted with as assistant holds a third grade 
county certificate, one year's (.seven months) successful experience as 
a teacher in the public schools of Wisconsin is also required; if the 
certificate be of a higher grade, experience is not an essential. 

For a three department school, the principal must, in order to be 
eligible, hold a county superintendent's certificate, or some other state 
certificate of higher grade. One assistant holding a third grade cer- 
tificate, and having had one year's successful experience as a teacher 
in the public schools of the state, may be employed; and the other 
assistant may hold a second grade county certificate, or one of a higher 
grade, either state or county; all other assistants musi hold first grade 
county certificates, or some form of a state certificate. 

No effort should be made to provide for an additional department 
to the school, unless there is a certainty that at least three departments 
in all schools of the first class and both departments in schools of the 
second class shall be able to maintain an average daily attendance of 
at least fifteen pupils in each, throughout the year. It is also neces- 
sary that the different departments of the school should be provided 
with such apparatus as may be necessary to enable the teacher to in- 
telligently conduct the work. As a part of this apparatus the follow- 
ing articles may be mentioned: 

One globe of fair size, not necessarily an expensive one, and one 
or two smaller globes; at least one set of wall maps, in a spring roller 
case; an ample amount of good blackboard surface in each depart- 
ment; one or more copies of Webster's International dictionary; a 
library of reading and reference books; good seats and desks sufficient 
in number to easily accommodate all pupils enrolled, and such other 
essentials as are generally considered necessary for the comfort and 
welfare of children attending school. If, after a careful exaniination 
of the building and school premises, the school board deems it neces- 
sary that an additional sum should be levied at the annual meeting 
for the purpose of making the necessary repairs or additions, and 
purchasing the necessary apparatus, the matter should be placed be- 
fore the electors for their action. Arrangements should also be made 
for proper janitor service. The fences, if any, and outbuildings should 
be kept in good condition at all times. Each graded school will be 
inspected at least once each year by one of the state school inspectors, 
working imder the direction of the state superintendent, and the re- 
port of these inspectors as to the character of the school, the condi- 
tion of the building, the grounds, the apparatus and furniture will 
have weight in determining the right of a school to share in the ap- 
portionment of special aid to these schools. 

Final normal scliool standings may be accepted by county su- 
perintendents. Section 1. '(Cliapter 104, Laws of 1899.) 
Any school superintendent or officer antliorized to grant certifi- 
cates to teacliers in tlie common schools, is hereby authorized, in 
his discretion, tO' accept standings obtained by the completio^n of 
studies in any normal school of the state, when duly certified 
by the president of said normal school, in lieu of actual exam- 
ination by said superintendent or examiner, at any time within 
three years after such standings were first obtained and re- 



Certificates and examinations. 71 

corded in said normal school. Tlie provisions of this section 
shall apply to certificates of the first, second or third degrees. 

By this act additional discretionary powers are given to county su- 
perintendents in certain cases. 

Certificates for primary teachers. Section 1. (Chapter 
222, Laws of 1903, as amended by Chapter 248, Laws of 1905.) 

Section 1. All tencliers of primary grades only (and the words "primary 
grades'' shall he construed to include nothing heyond the first fonr years' work. 
Id schools wf)rkiirg under a course of study requiring at least eight years for its 
completion) who now hold, or may hereafter ohtain certificates from the proper 
authorities, may receive new cprtificates without fi*^thcr' examination fi-.^i^ i]Tf> 
superintendent of any superintendent district under the following limitations 
and conditions: 

1. Any teacher availing herself of the privileges granted by this chapter shall 
submit to the county, district or city superintendent, as the case may demand, 
satisfactory evidence of having taugiht successfully for at least forty months in 
the public schools of this state in five consecutive years, the last three years of 
which shall have been devoted exclusively to primary work and during which 
she shall have taught at least eight months each year. 

2. If such teacher is the holder of a third grade certificate, the conditions 
named in sub-division one shall be complied with, and at least two consecutive 
weeks of attendance upon and regular work done in some school or In some de- 
partment of some school specially organized for the purpose of giving instruc- 
tion and training! in primary methods of teaching are demanded in addition 
thereto. A certificate of attendance and work done by said school or depart- 
ment signed by the director or principal officer of such school shall be made a 
part of the statement made by the applicant to the superintendent for We new 
certificate. 

3. If such teacher shall be the holder of a certificate of the second grade, the 
conditions named in sub-divisions one and two must be complied with during 
the .year immediately preceding the application made for a renewal. 

4. If such teacher shall be the holder of a first grade certificate or of a coun- 
tersigned free high school diploma, the provisions of sub-divisions one, two and 
three must be complied with. 

5. If such teacher shall be the holder of a certificate granted on graduation 
from the elementary course of a Wisconsin state normal school, the conuitions 
in sub-divisions one, two and three must be complied with, and the final stand- 
ings taken in the normal school course shall also be filed with the superintend- 
ent and used by him in lieu of standings taken in public examination. 

6. If such teacher is the holder of a cei'tiflcate of graduation from a county 
training school for teachers, the conditions prescribed in sub-division two shall 
be complied with. 

7. The superintendent is hereby prohibited from granting any application for 
renewal of any certificate under the provisions of this chapter if said certificate 
shall at the time be in force and effect for a period of more than six months. 

This new law is enacted for the purpose of relieving teachers in 
primary grades from examination in certain cases and under certain 
conditions. It is not intended that this law shall renew certificates 
that have already expired, no matter of what grade. The provisions 
of the chapter may be understood by careful reading. 

Certificates for teachers of special branches in cities. Sectiotsi 
1. (Chapter 148, Laws of 1899.) Any city superintendent 
of schools may issue certificates to teachers of special branches 
qualifying them to teach such branches in the schools under his 
supervision, after such examination as to their fitness to teach 



1^2 SCHOOL LAWS OF WISCONSIN. 

such branches as may be provided by the school board and ap- 
proved by the state superintendent. 

By this law, the powers of city superintendents of schools are some- 
what enlarged. 

Charges against teachers. Section 453. If any charges be 
made in writing to any county superintendent over the sig- 
nature of a complainant against any teacher in the superintend- 
ent's district, aii'ecting his moral character, learning or ability 
to teacli, the supGrintendcnt shall give to the complainant, the 
teacher and the board by whom he is employed at least ten days' 
Dotice in Vvtriting containing a statement of the charges and of 
the time and place when and where he will hear the same. He 
shall proceed according to the notice to hear the proofs on either 
side and give the accused a reasonable op|x>rtunity to defend 
himself; he may administer oaths, and if he find the charges 
sustained and sufficient, annul his certificate; but the teacher 
shall not be disqualified thereby until notice containing his 
name, ^ the date of and reason® for such annulment be filed in 
the office of the town clerk and a copy thereof delivered to 
the clerk of the district in which the teacher is employed. 

Immoral character, deficiency in learning, or inability to teach, is 
caiis« for the annulment of a teacher's certificate. The superintend- 
ent should listen to complaints made under these heads. Upon presen- 
tation of specific charges, he should file copies of the complaint with 
the teacher and with the district board, and name a suitable time and 
place for pursuing the inquiry formally. If the charges be sustained 
by convincing evidence presented by the complainant, and the rebuttal 
made by the teacher fail to exculpate him, the superintendent may 
annul the teacher's certificate. In case of a charge of deficiency in 
learning, the superintendent may re-examine after suitable notice, and 
may annul the certificate for cause; and in case of charge of want 
of ability to teach, the superintendent should inspect the school. If 
he find the charges well founded he may advise the board to discharge 
the teacher, or he may proceed as directed in the comments under 
section 451. In all steps taken the superintendent is a judge, the 
teacher is defendant, and the complainant should sustain his charge 
by convincing proof. Any annulment of a certificate is subject to 
appeal and to reversal by the state superintendent. 

State certificates — High school principal's certificates. Sec- 
tion 454. The state superintendent shall, before the fourth 
Wednesday of August in each year, appoint three competent 
persons, residents of this state, who shall constitute a board of 
examiners. Said board shall meet at the capitol once or more 
each year, at such times and also at such other places as the state 
euperintendent shall prescribe, for the examination of all appli- 



CERTlPiCATES AND EXAMINATIONS. 73 

cants for state certifieates ; provided, the state superintendent 
is liercby authorized to examine principals of hig'h schools and 
of- free high schools who shall have been elected superintend- 
ents of the city schools ooutaining such high school, and to 
gTant certificates to successful candidates, valid for one year 
and in a sinjle locality. The state superintendent shall pre- 
scribe the inanner of making application, of conducting and 
managing such examinations, reporting the results thereof, and, 
with the adv:co of the examiners, in what branches of study, in 
addition to those fixed by law, the applicant for an unlimited 
state certificate shall be examined. 

Any one who contemDlates writing under the state hoard of exam- 
iners for a state certificate, either the county superintendent's, the 
limited or unlimited, should apply to the state superintendent for a 
copy of the program of the examinations and the governing rules and 
regulations. 

What branches; effect of certificate. SECTioisr 455. To en- 
title an applicant tO' a limited state certificate the examiners 
shall be satisfied and report to the state superintendent that he 
possesses the requisite scholarship in all the branches of study 
required for a first grade county certificate, and also in mental 
philosophy and English literature. To entitle him to an un- 
limited state certificate they shall be satisfied and report that 
he poss.esses the requisite scholarship in all the branches above 
named and in such others as shall have been prescribed. lie 
shall furnish to the examiners such evidence of good moral 
character, experience and success in teaching as they may re- 
quire, and upon their recommendation the state superintendent 
shall issue to him such certificate as is awarded by their report. 
A limited state certificate shall qualify him. to teach in any 
public school without further examination for five years from 
its date, unless sooner annulled, and an unlimited state certifi- 
cate until annulled. 

Record of examination. Section 456. The state superinr 
tendent shall record the date of each certificate and the name, 
age and residence of the person to whom issued; and he shall 
preserve on file in his office all papers relating to the examina- 
tion of applicants for state certificates. 

Revocation of certificate. Section 457. Any state certifi- 
cate may be revoked by the state superintendent for incompe- 
tency or immoral conduct; but before any such revocation the 



74 SCHOOL LAWS OF WISCONSIN. 

holder shall be served vnth a written statement of the charges 
against liim and shall have an opportunity for defense. 

Compensation of examiners. Section 458. There shall be 
paid out of the state treasury to each examiner appointed as 
aforesaid five dollars p^er day for all time actually and neces- 
sarily spent in going to, holding and returning from any sucli 
examination, and all his actual and necessary expe-nses therein, 
to be fixed and certified by the state superintendent. 

Certificates are granted on examinations conducted by oral and writ- 
ten questions, and upon the filing of evidence of moral character and 
of successful teaching. Stationery is furnished free and no fee is 
charged for certificates. 

• LIMITED CERTIFICATES. 

The requirements for these certificates are that each candidate should 
pass a satisfactory examination on all the branches required for a 
first firade certificate (see section 450, as amended by section 1, chap- 
ter 439, laws of 1901), and in addition on mental philosophy and Eng- 
lish literature. Satisfactory evidence of good moral character and of 
success in teaching for at least twelve months is also required. 

Candidates are allowed to write at three successive sessions of the 
board of examiners, to complete the work. 

UNLIMITED CERTIFICATES. 

In addition to the examination provided for limited certificates, can- 
didates for unlimited certificates must pass a satisfactory examination 
in botany, political economy, history of education, zoology, general 
history, and in geology, or chemistry, or astronomy, as the applicant 
may choose. Latin may be substituted for the critical study of Eng- 
lish literature. They must also furnish evidence of good moral chai'- 
acter and of having taught successfully at least twenty-four months. 

City superintendents are frequently authorized by charters to exam- 
ine and issue certificates to at! teachers employed in the city. If 
elected to the principalship of schools the city superintendent may find 
it difficult to qualify under other statutes. Section 454 authorizes the 
state superintendent to examine and issue a certificate without con- 
vening the board of examiners. Principals should apply for direction 
before entering upon service. 

Poreign certificates, countersigning. SECTidiq- 458a. The 
teacher's certificate granted by another state which is fully and 
fairly equivalent to the unlimited state certificate may be coun- 
tersigned by the state superintendent upon the reconim,enda- 
tion of the board of examiners. The holder of such certificate 
shall furnish evidence of learning, good moTal character, ex- 
perience and success in teaching such as is required by the un- 
limited state certificate. 



CERTIFICATES AND EXAMINATIONS. 75 

Diplomas of university and normal schools. SECTioiq- 4585. 
Tte state superintendent is hereby anthorized to countersign 
diplomas granted upon the completion of a regular collegiate 
course of the university of Wisconsin or upon the completion 
of the full course of any Wisconsin state normal school. No 
diploma shall be countersigned except the holder thereof fur- 
nish evidence satisfactory to the state superintendent of good 
moral charyi ter and one year's successful teaching in a public 
school. I'he eertitlcate granted upon the completion of the ele- 
mentary course of any Wisconsin state normal school may be 
countersigned by the state superintendent, and it shall have 
thereupion the force and effect of a. limited state certificate ; but 
no such certificate shall be countersigned unless satisfactory evi- 
dence of good moral character and successful experience in 
teaching a public school for eight months after the date of its 
issuance be furnished to the state superintendent. JS^either a 
limited state certificate nor a certificate from the elementary 
course of a normal school shall qualify the holder as principal 
of a free high school having a four years' course of study. 

Diplomas — State certificates. Section 458c. (As amended 
by Chapter 237, Laws of 1899.) The holder of a diploma 
granted by any incorporated college or university whose regu- 
lar collegiate courses are fully and fairly equivalent to corre- 
sponding courses of the University of Wisconsin, or the holder 
of a diploina granted by a state normal school whose co'urses of 
study are fully and fairly equivalent to the courses of study in 
the Wisconsin normal schools, may present such diploma, to- 
gether with evidence of the required standing of the college, 
imiversity or normal school granting the same, to the board of 
examiners. The applicant shall furnish therewith testimonials 
of good moral character, and, if a holder of a diploma granted 
by any such college or university located within this state, of 
one year's successful teaching in a public school after the date 
of said diploma ; if a holder of a diploma granted by any such 
college, luiiversity or normal school not located within the state, 
the applicant shall furnish tlierewith like testimonials of good 
moral character, and of two years' successful teaching in a pub- 
lic school after the date of said diploma. The holder of any 
such diploma recommended favorably by the board shall be en- 
titled to receive an unlimited state certificate. The holder of a 
diploma granted upon the completion of a course of study ac- 
credited as herein provided, upon whidi a state certificate has 



76 SCHOOL LAWS OF WISCONSIN. 

not been issued, upon tlie recommendation of the board of ex- 
aminers made in pau-snance of such examination as to learning, 
moral character and ability to teach as said board may require, 
may be given a special license by the state suiDerintendent to 
teach for two yeare in a public school. 

Effect of countersigning. Section 4:5Sd. Diplomas and 
life certificates provided for in. sections 458a and 4586, when so 
countersigned, shall have the force and effect given by law to 
the unlimited state certificate. 

Revocation of state certificate, etc. Section 458(3. Any 
state certificate or license, or the equivalent of them, may be 
revoked by the state superintendent foa- incompetency or im- 
moral conduct; but before any such revocation the holder shall 
be served with a written statement of the charges against him 
and shall have an opportunity for defense. 

Diploma of Milwaukee high school. Section 458/. The 
state superintendent, after such examination as to moral char- 
acter, learning and ability to teach as to liim may seem proper 
and reasonable, may countersign the diploma, of any graduate 
of the Milwaukee higli school and the nonnal department 
thereof, received from the school board of Milwaukee, who has 
taught successfully in a public school in this state for five years, 
and tlie diploma of such graduate, so countersigTied, shall be 
evidence of his qualifications to teach in any common school 
and have the force and effect of an unlimited state certificate. 

Kindergarten diploma. Section 458^, A diploma granted 
by the board of regents of normal schools to any person who 
completes the kindergarten training course established by said 
board in any of the state normal schools shall be regarded as 
a certificate legally qualifying the holder thereof to teach for 
one year in any kindergarten forming a part of the public 
school system ; and the state superintendent may, after such ex- 
amination as to moral character, learning and ability to teach 
as to him may seem proper, countersign such diploma if, since 
receiving it, the holder has taught in a public kindergarten 
in this state one year, and thereafter such countersigned di- 
ploma shall qualify to so teach until the same shall be annulled. 

Legal qualifications of kindergarten teachers. (Chapter 69, 
Laws of 1903, amending Section 1 of Chapter 347, Laws of 



CERTIFICATES AND EXAMINATIONS. 77 

1901.) Section 1. Tlie liolder of a diploma granted Tdj any 
kindergarten training school whose course of instruction is fully 
and fairly equivalent to the courso of instruction in kinder- 
garten training prescribed by the board of regents of noTinal 
schools in any of the state normal schools, may present such di- 
ploma, together with evidence of the required standing of the 
kindergarten training school issuing such diploma. tO' the state 
board of examiners. The appilieaiit shall furnish therewith 
testimonials of good moral character and of two years' success- 
ful teaching in a kindergarten in Wi,sconsin after the date of 
such diploma. The holder of any such diploma recoinmended 
favorably by the board shall be entitled to receive a certificate 
issued by the state superintendent qualifying the holder to teach 
in any pnblic kindergarten in the state until the same shall be 
annulled. The holder of a diploma granted upon the comple- 
tion of a course of stndy accredited as herein provided, upon 
which a state certificate has not been issued, upon the recom- 
mendation of the board of examiners made in piTrsuanoe of such 
examination as to learning, moral character ajid ability to teach 
as said board may require, may be given a special license by 
the state superintendent to teach for- two years in any piublic 
kindergarten in the state. 

This section as amended permits recognition of diplomas from unin- 
corporated institutions as well as those that are incorporated. 

Section 2. An unlimited state certificate qualifying the 
holder to teach in any public kindergarten in the state until 
annulled, shall be issued by the state superintendent to any per- 
son recommended for such certificate by the state board of ex- 
aminers, after such examination as shall satisfy the examiners 
that the applicant possesses the requisite scholarship in all the 
branches prescribed in the course of instruction for kindergar- 
ten training by the board of regents of normal schools foT any 
of the state normal schools ; provided, further, that the appli- 
cant shall furnish to the examiners such evidence of good moral 
character, experience, and success in tea.ching as they may re- 
quire. 

Section 3. in addition to the foregoing there are hereby 
established three grades of certificates for kindergarten teachers, 
to be kno'^vn as first, second, third. Every applicant for a kin- 
dergarten certificate shall be examined in, the subjects herein- 
af tea- mentioned for the several grades re; recti vely, as follows: 
For the third grade in orthoepy, orthography, reading, writing. 



78 • SCHOOL LAWS OF WISCONSIN. 

aritliniotic, English grammar, physiology and hygiene with 
s})ccial referenco tO' the physiology and hygiene of childhood, 
drawing, mnsic, juvenile literature, and tlieory and art of kin- 
dergarten teaching'. For the second grade, in all the foregoing, 
and also' in general literature and the elements' of botany. For 
the first grade, in all the foregoing, and also' in the history of 
education as related to^ the development of the kindergarten, 
and in the elements of zoology. If found qualified, the apipli- 
cant shall receive the certificate of appropriate grade. The 
third grade certificate shall entitle the holder to teach in any 
kindergarten for such period not more than one year, as may be 
specified therein, in any town or city in. the superintendent di&- 
trict in which the applicant is examined, except that it may be 
limited by the county or city superintendent to one town or 
school therein. A second grade certificate shall entitle the 
holder to teach in any kindergarten in any town oi' city in such 
superintendent district, and be in force for tAvo years from its 
date. A first grade certificate shall entitle the holder to teach 
in any kindergarten in any town or city in such superintendent 
di'Striet, and be in force for four years from its date; but the 
county or city superintendent may limit the same to one year 
and remove the limitations upon satisfactory evidence that the 
holder has successfully taught in a poiblio kindergarten in this 
state for at feast six months. If a person pass a satisfactory 
examination by any county or city superintendent and obtain a 
certificate of either grade, and propose to teach in another su-- 
perintendent district, it shall be lawful for the superintendent 
holding the rapers written at the examination for such certifi- 
cate, upon the request of any county or city superintendent, to 
transfer such papers to him, and if found satisfactory, a certifi- 
cate thereon, of the proper grade, to be coterminous with the 
original certificate, may be issued by him, to the same effect as 
though he hr.d examined the applicant himself. 

SECTioisr 4. After -Inly 1, 1902, no person shall be deemed 
a legally qualified kindergarten teacher in the state of Wiscon- 
sin who do'C-i not hold a certificate granted by the prosper officer 
imder the provisions of this act; provided, that nothing herein 
shall operate to invalidate kindergarten cei'tificates issued un- 
der the authority of the board of education of any city prior 
to the pas&ajye of this act; nor to affect the validity of kinder- 
garten certificates issued under the provisions of section 458g 
of statutes, and provided further, that the pjrovisions of this act 
shall not applj^ to cities of the first class. 



CERTIFICATES AND EXAMINATIONS. 79 

Certification of manual training and domestic science teachers. 

(Chapter C4.) Section 1. A diploma granted by the board 
of regents of normal schools to any pei'son. who completes the 
training course for teachers of manual training or of domestic 
science, established by said board in any of the state normal 
schools, shall b'e regarded as a certificate legally qualifying the 
holder thereof to teach manual training and domestic science 
respectively for on© year in any school forming a part of the pub- 
lic school system. The state superintendent may, after such ex- 
amination as to moral character, learning and ability to teach, 
as to him may seem proper, countersign such diploma if, since 
receiving it, the holder has taught manual training or domestic 
science in a public school in this state one year, and thereafter 
such' comitersigned diploma shall qualify the holder as a teacher 
of manual training or domestic science as the case may be, until 
the same shall be annulled. 

Other diplomas; special license. Section 2. The holder of 
a diplom,a granted by any .manual training school or school of 
domestic science, upon the completion of a training course for 
teachers in either subject fully and fairly equivalent to the 
course of instruction for teachers in the sam,e subjects pre- 
scribed by tlie board of regents of normal schools, may present 
such diploma, together with the evidence of the required stand- 
ing of the training school issuing such diploma., to the state 
board of examiners. The applicant shall furnish therewith 
testimonials of good moral character and of two years' success- 
ful teaching of manual training or domestic science, as the case 
may be, in the public schools of the state after the di..e of such 
diploma. The holder of any such diploma, recommended in- 
vorably by the board, shall be entitled to receive a certificate is- 
sued by the state superintendent, qualifying the holder as a 
teacher of manual training or of domestic science, imtil the same 
shall be annulled. The holder of a diploma granted upon the 
completion of a course of study, accredited as herein provided, 
upon w^hich a state certificate has not been issued, upon the rec- 
ommendation of the board of examiners made in pursuance of 
such examination as to learning, moral character and ability to 
teach as said board may require, may be given a special license 
by the state superintendent to teach manual training or domestic 
science as recommended by the board, for two years in the pub- 
lic schools of the state. 

This is a new law passed for the purpose of formin:j a definite basis 
from which to judge the qualifications of persons employed in thi3 



80 SCHOOL LAWS OF WISCONSIN. 

state as special teachers of Manual Training and of Domestic Science. 
A diploma granted by the normal schools to persons having completed 
either of these special courses qualifies the holder to teach for one 
year. After a year of successful work said diploma may he counter- 
signed by the stale superintendent, whereupon it has the force and 
effect of an unlimited state certificate for the above special purposes 
only. Graduates from other schools of Manual Training and of Domes- 
tic Science must send their diplomas to the state superintendent. Upon 
receipt they v/ill be cared for until the next meeting of the state boara 
of examiners. This board will i:ass upon the courses of study pursued 
in the institutions granting sucn diplomas and if the courses pursued 
by the applicant have been satisfactory, the state board will recom- 
mend the state superintendent to issue a special license. This will 
legally qualify the holder for two years. At the expiration of two 
years of successful work the diploma must again be sent to this de- 
partment and placed before the state board of examiners with evi- 
dences of success in teaching and of moral character. If favorably 
passed upon at this time by said board, the state superintendent is 
authorized to issue an unlimited certificate qualifying the holder to 
teach in any Manual Training department or department of Domestic 
Science in this state. A caLaxOgue showing the courses of study pur- 
sued by the applicant must be filed with the diploma in each case when 
applying for special license. 



State superintendent; special licenses; state certificates; di- 
plomas. (Chapter 231, Laws of 1905.) Section 458i. The 
state superintendent is anthorized and empowered to counter- 
sign diplomas and issue state certificates to persons who are en- 
gaged in supervising work in the public schools or teaching in 
colleges or normal schools, otherwise legally qualified under ex- 
isting statutes or are recommended by the state board of ex- 
aminers. 

Section 458j. The state superintendent may issue a special 
license good only until the next meeting of the state board of ex- 
aminers in cases where the applicant gives satisfactory evidence 
that his qualifications and credentials shall meet the require- 
ments of the board of examiners ; said temporary license to be 
issued only in urgent cases and in order that the school board, or 
board of education may. be legally authorized to pay the salary 
of said teacher from the funds of the district for services ren- 
dered. 

Section 458k. The state- superintendent may upon the 
recommendation of the state board of examiners, grant a special 
certificate legally qualifying the holder to teach such special 
branch or branches in the public schools as may be nanud on 
the face of the certificate. 

Section 4581. Upon the recommendation of the state board 
of examiners an applicant may be granted a limited special 



CERTIFICATES AND EXAMINATIONS. 81 

certificate qualifying him to teach not more than one special 
branch in the public schools, said certificate being limited to one 
particular school or district to be named in the certificate, said 
certificate to be null and void in any other school or district. 

Certificates to graduates of the state iiniversity and normal 
schools. Section 458/i (as amended by Chapter 171, Laws of 
1901). A diploma granted upon the completion of a regular 
collegiate course of the University of Wisconsin, if accompa- 
nied with a certificate that the bearer has completed the course 
of pedagogical instruction prescribed by the university for all 
persons who intend to teach or a diploma granted upon the com- 
pletion of the full course of any state normal school in this state 
upon presentation to the state superintendent shall entitle the 
holder to receive from that officer a certificate which shall au- 
thorize him to teach in any public school for one year. The 
holder of a certificate granted upon the .completion of the ele- 
mentary course of any Wisconsin state normal school, not coun- 
tersigned by the state superintendent, may present such certifi- 
cate to the state superintendent and thereupon receive a cer- 
tificate which shall be a license to teach in any public school 
for the period of one year in which such elementary certificate 
would authorize the holder to teach, if countersigned by the 
state superintendent. The state superintendent is hereby au- 
thorized and directed to issue the certificates herein provided 
for, and when issued the same shall have the force and effect 
of a legal license to teach in the public schools, required to be 
obtained before entering into contract as a teacher with any 
school officer. 

Qualifications of teachers. Section" 1. (Chapter 120, Laws 
of 1899.) After the first day of July, 1900, graduates of col- 
leges and universities, in order that their diplomr-i may become 
an authorization to teach in the public schools of this state, 
as now provided by law, must present with them to the state 
superintendent of public instruction satisfactory evidence of 
having given to psychology and pedagogy at least as much 
study as is required, in this state, of candidates for a life cer- 
tificate. 

The circular relating to examinations v/ill givs some idea as to what 
this requirement is. 

6 



82 SCHOOL LAWS OF WISCONSIN- 

The above sections and chapters cover points relating to the coun- 
tersignature, of diplomas and state certificates and the issuance of li- 
censes and certificates by the state superintendent. The testimonials 
sent must oe originals, not copifs, and the statements made in regard 
to moral character must be clear and specific. In securing evidence 
of the moral character and success in teaching necessary befoi'e di- 
plomas from normal schools and state universities can be counter- 
signed the follomng information must be given: 

Name and address of the superintendents under whom you have 
taught months. 

Name and address of the principal under whom you last taught, if 
you taught in a graded school or as an assistant in a high school; 
grade of work: 

Names and addresses of two members of the school board by whom 
you wer? employed when you last taught: 

If during your months' teaching you have been employed by 

more than one board, give the names and addresses of two me,mbers 
of each two boards: 

Name of any other well known school man who has personal knowl- 
edge of your work in the class-room: 

From what school do you hold a diploma? 

From what course? 

Date of diploma 

Have you passed an examination for a state, certificate? 

If so, when ? 

Where? 



If you hold a diploma, or a' state certificate from another state upon 
which document you apply for a state certificate in Wisconsin, forward 
the document so held to the state superintendent, if he has not already 
received it. 

Your name 

Address 

Date 

This information must be mailed to the state superintendent. Blanks 
prepared for giving this information will be promptly mailed to any 
one wishing to make applicat'on for counterslgrature of his diploma or 
recognition of his certificate. The state superintendent will communi- 
cate at once with the parties named and receive their estimates of the 
work and character of the applicant. 



Legal school holidays; school month; institute attendance. 

(Chapter 326, Laws of 1903, amending Section 459 of the 
Statutes of 1898.) Section 459. Twenty days of teaching 
shall constitute a school month unless it be otherwise specified 
in the contract, and all legal holidays, except the day of any 
general election, occurring on school days shall he counted al- 
though no school he tauglit ; Imt school tauglit on legal holidays 
shall not be counted for two school days, and no Saturday shall 



CERTIFICATES AND EXAMINATIONS. 83 

be counted. The board may give to any teacher employed, with- 
out deduction from his wages, the whole or any part of any time 
spent by him in attending the sessions of any institute held in 
the county embracing any part of the district, upon such teacher 
furnishing to the clerk, to be filed by him, a certificate of regu- 
lar attendance on such institute, signed by the person conducting 
the same. 

This chapter abolishes general election day (the first Tuesday after 
the first Monday in Novembeir in every even numbered year) as a legal 
holiday. Legal holidays can only be counted in favor of the teacher 
or the school district when they occur on school days and when school 
under other circumstances would be in session. The school holidays 
now recognized by statute are: January 1st, February 22d, May 30th, 
July 4th, Labor Day — usually occurring the first Monday in September 
in accordance with a proclamation by the Governor — Thanksgiving 
Day — usually the last Thursday in November — and Christmas Day. 
When legal holidays occur on Sunday, the following Monday is the 
holiday. 

School boards and teachers should take notice that the teacher's 
month is always twenty days, unless otherwise spsicified in the con- 
tract; also, that no Saturdays, but all legal holidays occurring while 
school is in session are to be counted. 

It is recommended that school boards exercise the power given in 
this section, and allow teachers to attend institutes without deducting 
the time. The certificate of attendance required by the law should be 
surrendered to the clerk before an order for wages is drawn. 



School register — Teacher's report. Section 460. The teacher 
shall enter in the register furnished by the clerk the names, 
ages and studies of all scholars attending school, and daily their 
attendance and absence and such other facts as the county su- 
perintendent or state superintendent may require; which regis- 
ter the teacher shall deliver to the clerk at the close of his 
service or whenever it may be required for the use of the board. 
The teacher shall make in writing and transmit to the board 
or to the county superintendent a report concerning any mat- 
ter relating to his school in such manner as the board or super- 
intendent may prescribe ; and any teacher who shall wilfully 
neglect or refuse to make entries in the register as above re- 
quired shall forfeit his wages for teaching during the time of 
such neglect or refusal. 

It is the duty of the cleirk to furnish the teacher with a register 
(subdivision 5, of section 446), and to call attention to the penalties 
of wilful neglect or refusal to comply with this requirement. 

A form of school register is give.n in the appendix hereof (No. 25). 
Economy will be ;served if bound books be procured for registers. 



84 SCHOOL LAWS OF WISCONSIN. 

While registers are not supplied by the stata superintendent, approved 
forms may be obtained of firms that deal in school supplies. 

The clerk should examine the r:gister during the term to aid in 
securing that accuracy in the method of keeping it that will enable 
him to make a reliable report to the town clerk, and he should require 
the teacher to return the register at the end of the term. The teacher 
should also fill out a condensed report at the, end of each term and 
at the close of the school for the year. Such reports are easily fur- 
nished by the teacher and are helpful In securing accurate reports 
from' school officers. 



THE COUNTY AND THE CITY SUPERINTENDENT. 85 



IV -THE COUNTY AND THE CITY 
SUPERINTENDENT. 



Eligibility. Section 702a.. (As amended by Chap. 351, 
Laws of 1899.) 'No person sliall be eligible to the office 
of county superintendent of schools who shall not, at the 
time of his election or appointmient thereto, have taught in 
a public school in this S/tate for a period of not less than eight 
montlis, and who shall not, at such time, hold a certificate en- 
titling him to teach in any public school therein, or a county 
superintendent's certificate, issued by the state superintendenl 
after examination by and upon the recommendation of the 
board of examiners for state certificates as provided by law ; 
provided, that the foregoing provision shall not disqualify any 
person who held such office in this state on or before the first 
day of May, one thousand eight hundred and ninety-five. 

See section 38, Wisconsin statutes of 1898. 

Any one of the following documents entitles its holder to teach in 
any public school in the state, and hence is the certificate required by 
the provisions of the lav/ above quoted: 

1. The Unlimited Wisconsin State Certificate. 

2. The Limited Wisconsi-n State Certificate for five years from the 
date of the certificate. 

3. A diploma granted upon the completion of a regular collegiate 
course of the Wisconsin State University, or of a Wisconsin state nor- 
mal school, if countersigned by a Wisconsin state superintendent. 

4. An elementary certificate, granted upon the completion of the ele- 
mentary course of study of any one of the Wisconsin state normal 
schools for five years after the date of countersignature by a state 
superintendent. 

5. Any college or university diploma, bearing the countersignature 
of a Wisconsin state superintendent. 

6. A special license granted by a Wisconsin state superintendent, 
authorizing the holder to teach for one or two years in any public 
school in Wisconsin, as provided in sections 458c and 458h. 

7. A diploma granted upon the completion of the course of study of 
the Milwaukee high school and the normal department thereof, if 
countersigned by a Wisconsin state superintendent. 

8. A limited state certificate or a first or second grade county cer- 
tificate countersigned by a Wisconsin state superintendent under the 



gg SCHOOL LAWS OP V/ISCONSIN. 

provisions of chapter 303, laws of 1882. (Chapter 303, laws of 1882, 

ll3.S lOGGTl rGDG£llG(i.) 

9. A state certificate granted by any other state, that has been coun- 
tersigned by a Wisconsin state superintendent. 

10. The county superintendent's certificate, issued by a Wisconsin 
state superintendent in accordance with section 4Glg. 

11. The certificate authorized by section 458h, if in force at the time 
of nomination and election. 

Election of county or district superintendents. (Chapter 307. 
Laws of 1903, amending Section G98 of tlie Statutes of 1898.) 
Section 698. At tlie general election in the ycai one thonsand 
nine liundred and four and biennially thereafter, there shall be 
elected in each county for a regular term, the following county 
officers, viz. : A county clerk, treasurer, sheriff, coroner, clerk 
of circuit court, district attorney, register of deeds and sur- 
veyor. The regular term, of office of all such officers shall com- 
mence on the first Monday of January next succeeding their 
election and continue two years; but each such officer, includ- 
ing those now in office, shall liold his office until his successor is 
qualified. 

A superintendent of schools shrll be chosen by the qualified 
electors of each superintendent district in the state of Wiscon- 
sin, at the election to be held on the first Tuesday in April 
in the year one thousand nine hundred and five and biennially 
thereafter, and said officer shall hold his office for the temi 
of two years from the succeeding first Monday of July, The 
county or district superintendent chosen at the general election 
in ISTovember, A. D. 1902, or thereafter appointed, shall hold 
and continue in office as such, until the first Monday in July, 
A. D. 1905, and their successors shall be chosen as herein- 
before prescribed at the election in April, A. D. 1905. The 
superintendent of each district shall hold his office until his 
successor is elected and qualified. The county board of super- 
visors of every county, at the annual meeting next precedmui; 
the election of such superintendent or superintendents, sliail 
fix the amount of salary which shall be received by the super- 
intendent of schools of each superintendent district within said 
coimty except the city superintendent of schools of any city, 
and may allow such actual and necessary traveling expenses 
within and without the county, as may be reasonable and just; 
the same to be audited, allowed and paid in the same mannf-r 
as other claims against the county are audited, allowed and 
i:)aid. 

This chapter changes the time of the election of county ruperintend- 
ents of schools. Hereafter such officers will be elected at the spring 



THE COUNTY AND THE CITY SUPERINTENDENT. 87 

elections for a term of two years commencing the first Monday in 

July. 

City superintendent of schools. (Chapter 360, Laws of 1903, 
as amended by Chapter 3SS, Laws of 1905.) Section 1. In 
all cities except cities of the first class, there may be elected an- 
nually by the board of edncation or the board of school commis- 
sioners a city superintendent of schools whose duties shall be: 

1. To examine and license teachers according to the statutes 
of 1898 and laws amendatory thereto. 

2. To supervise the administration of tlie courses of study. 

3. To have general supervision of the professional work of 
the schools of the city, including the holding of teachers' meet- 
ings and the promotion of pupils. 

4. From time to time to make a written report to the board 
of education or board of school commissioners, as the case may 
be, embodying such recommendations relative to the employment 
of teachers, adoption of text-books, changes in the course of 
study, enforcement of discipline, and such other matters as said 
superintendent may deem for the best interests and welfare of 
the city schools. 

5. To make such other reports and to perform such other 
duties as the board of education or board of school commis- 
sioners may direct and which are not in conflict with the pro- 
visions of this act. The board of education or the board of 
school commissioners shall determine the annual compensation 
to be paid said city superintendent of public schools from the 
school funds of the city. 

Superintendent not to engage in other business. Section 2. 
This act shall apply to all cities except those of the first class 
in which a city superintendent of schools is elected or appointed 
by the board of education or the board of school commissioners, 
and no city superintendent of schools shall engage in any other 
profession or occupation or pursuit for such time or in such 
manner as shall interfere with the proper discharge of his duties 
as such superintendent during the term for which he is elected 
or appointed. A violation of any of the provisions of this sec- 
tion shall subject the offender to removal from office, provided 
that nothing in this act shall be construed to bar any city super- 
intendent of schools from being principal of, or teaching in any 
school under his supervision, and no person shall be eligible to 
the office of city superintendent of schools whose legal qualifi- 
cations are not equivalent to those required for the principal- 



88 SCHOOL LAWS OF WISCONSIN. 

ship of a free high school having a course of study requiring 
four years for its completion. ! 

City superintendent — Secretary. Section 3. The board of j 
education or board of school commissioners in all cities ex- 
cept cities of the first class shall annually choose one of their 
own number to act as chairman and shall choose a secretary 
who may or may not be a member of the board. It shall be 
the duty of said secretary to be present at each board meeting ; 
-to keep in full in a book provided for that purpose, the minutes 
of such meeting and to perform, any other clerical duties under 
the direction of the board at such compensation as the board 
may fix. It is further provided that said city superintendent 
of schools shall not be eligible to membership on the school 
board nor to act or be elected as president or chairman thereof. 

Superintendent districts — Effect upon cities. Section 703. 
The county board of each county having over fifteen thousand 
inhabitants according to the census last preceding division, may 
divide such county into two superintendent districts, to be 
called superintendent district number one and superintend- 
ent district number two, by resolution, specifying therein the 
territory included in each and every such division, and every 
like division heretofore made shall remain in force until re- 
scinded by resolution of the county board. Unless so divided 
each county shall constitute a superintendent district; but 
every city having a board of education, a superintendent of 
schools or other board or officer vested with power to examine 
and license teachers and supervise and manage the schools 
therein, shall be exempt from the provisions of this section and 
all provisions relating to county superintendents of schools, 
except so far as required to make reports to the county super- 
intendent of the district in which such city is situated ; and the 
electors of such city shall have no voice in electing such county 
superintendent, and the supcrvisoi's from such city sliall have 
no voice in the county board in determining or providing the 
condensation or alloAvance of, or any matter relating to, sucli 
county superintendent; nor shall any tax be levied on such city 
to pay any ]iart of such compensation or allowances. When 
any county shall be so divided the county board may assign 
the county superintendent in office to either district, and the 
state superintendent shall appoint a county superintendent for 
th,-^ other district, to hold until his successor is elected and 



THE COUNTY AND THE CITY SUPERINTENDENT. 89 

qualified according to law. The acceptance of the office of 
county supervisor by any county superintendent of schools shall 
vacate his office. 

Salary, expenses and bond. Section 704 (as amended by 
Chapter 518, Lav^s of 1905). The compensation of county 
and district superintendents of schools shall be fixed by the 
county board of supervisors and shall be an annual salary of 
not less than five hundred dollars in counties or superintendent 
districts containing more than five thousand and less than nine 
thousand inhabitants and not less than nine hundred dollars in 
county or superintendent districts containing more than nine 
thousand inhabitants, but in no county or superintendent dis- 
trict containing over six thousand inhabitants shall the salary 
be fixed at less than five hundred and fifty dollars and in 
counties or superintendent districts containing over seven 
thousand inhabitants, the salary shall not be fixed at less than 
six hundred dollars, and in counties or superintendent districts 
containing over eight thousand inhabitants the salary shall not 
be fixed at less than seven hundred and fifty dollars and in 
counties or superintendent districts containing more than nine 
thousand inhabitants the salary shall not be fixed at less than 
nine hundred dollars and "in estimating such populations, all 
cities under the supervision of city superintondents of schools 
shall not be counted. The county boards of supervisors shall 
allow for stationery, postage and printing such amount as the 
county or district superintendent shall certify to be actually 
necessary, not to exceed one 'hundred dollars in counties or 
superintendent districts containing less than five thousand in- 
habitants, and not exceeding two hundred dollars in districts 
containing more than five thousand inhabitants, and may allow 
such superintendent such sum in addition to his compensation 
and other allowances specified above as he shall certify he has 
actually and necessarily expended in defraying traveling ex- 
penses while engaged in the discharge of the duties of his office ; 
provided that no more than two hundred fifty dollars shall be 
allowed for such expenses in any one year to each superintend- 
ent. The superintendent shall make and present an itemized 
statement of these accounts, said statement or account to be 
audited at the annual meeting of the board of supervisors. 
The limitations of this section shall not apply to counties for 
which different limitations have been made by special acts. 
E'.ach county or district superintendent shall be reimbursed his 
actual necessary expenses incurred in traveling from his resi- 



90 SCHOOL LAWS OF WISCONSIN. 

dence to the place of holding the nearest or most accessible con- 
vention of county superintendents called by the state superin- 
tendent; his hotel expenses during the time he actually attended 
such convention and his expenses incurred in returning to his 
place of residence. An itemized statement for such expenses 
shall be audited by the county board upon the presentation 
thereof with the certificate of the state superintendent attached, 
showing the attendance of the county or district superintendents 
on such convention for the time specified in the statement, and 
not more than one such account shall be paid for any one su- 
perintendent for each year. Each county or district superin- 
tendent shall give a bond with such sureties as the county board 
of supervisors may approve for the proper performance of his 
duties under the law providing for a county teachers' institute 
fund, which bond shall secure the payment of not less than 
twice the sum of money which the board may estimate will 
come into his hands in consequence thereof. 

Section 3. Nothing hereinbefore contained shall affect the 
salary of any county or district superintendent now in office 
during the term for which such superintendent Avas elected. 
Whenever any county board shall have omitted to fix a salary 
for any district suoerintehdent pursuant to the provisions of 
chapter 307, of the laws of 1903, the salary theretofore fixed by 
the county board for the county superintendent shall lie the 
salary of such district superintendent until otherwise fixed by or 
pursuant to any law of this state. 

Salary of district superintendent of schools. (Chapter 252, 
Laws of 1905.) Section 1. District superintendents of 
schools, as provided by chapter 307 of the laws of 1903, shall 
receive the same amount of salary heretofore last fixed by the 
county board of supervisors, as provided by law, until otherwise 
determined by the said county board of supervisors as the salary 
of the county superintendent of schools in each respective dis- 
trict. 

His duties. Section 461. It shall be the duty of every 
county superintendent : 

1. To examine and license teachers in his district and to an- 
nul certificates as provided by law. 

The purpose of teachers' examinations is to ascertain the attain- 
ments of applicants in the brandies se:t forth in the law, and their 



THE COUNTY AND THE CITY SUPERINTENDENT. 91 

ability to instruct. Character and conduct are important factors in 
a teactier's equipment, and so the law restrains superintendents from 
granting certificates to persons known to them to be immoral. A 
formal examination into the moral character of applicants seems to 
be impracticable, but superintendents should be no less alert to save 
pupils from the contamination that would result from licensing un- 
principled persons. Applicants that are. unknown to the examiner 
should be required to furnish satisfactory evidence that their conduct 
is above reproach. The law wisely forbids the use of religious tests, 
but that sound morality that constitutes the recognized rules of life 
among right thinking people is not sectarian. 

Comment upon certificates may be found under section 450, as 
amended by chapter 439, laws of 1901. 

The law sets forth the branches in which applicants must be exam- 
ined, and the different certificates which superintendents are author- 
ized to grant. The method of examination is by written and oral 
questions. In the preparation of questions care, should be observed 
that they are made to involve principles rather than facts, and they 
should be so framed as to test the applicant's ability to develop a sub- 
ject by correct methods, and to secure to pupils the disciplinary value 
of the study. They should be sufficient in number to constitute an 
adequate test. 

Superintendents should discriminate between the standard of at- 
tainments in branches of study and the standing in these branches. 
The standard is the examiner's judgment as to the ability and schol- 
arship requisite for a teacher. Standing is the applicant's attainments 
in the several branches as indicated by the examination. 

Care in the formation of the standard required will aid in determin- 
ing the plan of examination and the questions to be submitted. The 
sole purpose of examinations is to test the ability and attainments of 
applicants as measured by a required standard, and hence some stand-, 
ard is a pre-requisite to intelligent work in examinations. If the ex- 
aminer prefers not to know whose papers he examines, he may give 
each candidate a number to be placed upon his paper instead of his 
name. The preliminary paper, prepared by the candidate, should show 
his number, which will afford a means of identifying his papers after 
they have been examined and the results determined. Whichever 
method is adopted, the examiner will not be relieved from the duty 
of justifying his markings when called upon to do so. 

In conducting the oral examination, the exarriiner should carefully 
note pronunciation, choice of words, facility of illustration, and man- 
ner of address, with a view to the formation of relatively just judg- 
ments, "^he oral examination affords an excellent test of a prrson's 
ability to impart instruction. All applicants deserving certificates 
should speak the English laiiguage readily and correctly. 

The ]aw does not require the attainment of any age as essential for 
a certificate. The question for the examiner to determine is one of 
capacity and fitness to perform the duties and to meet the responsibili- 
ties of a school teacher. These demand a maturity of judgment and a 
soundness of discretion not found in toys and girls. 

All papers written at examinations should be preserved by the su- 
perintendent during the life of the certificate issued thereon. A con- 
veniently arrarged permanent record of all examinations should b3 
-kept, v/hich should ombrace the nam.es and addresses of applicants, 
their standiigs and the grade of certificates granted to each, with the 
date of its expiration. See section 450b as amended by chapter 439, 
laws of 1901. 

The examiner should make all arrangements necessary for the proper 



92 SCHOOL LAWS OF WISCONSIN. 

conduct of the examination sufficiently early to begin work at the 
hour appointed in the public notice. Applicants should be required to 
conform to such regulations as will facilitate the work of the exami- 
nation and make it a true test of their qualifications. Every precau- 
tion should be taken to preclude r,,£ort to unfair means. 

2. To visit and examine each district and all the schools in 
his district at least once in each year and as much oftener as 
may he necessary; to inquire into all matters relating- to the 
management, course of study, mode of instruction, text-books 
and discipline of such schools and the condition of the school 
house, sites and outbuildings and appendages and of the district 
generally ; to advise with and counsel the district boards in re- 
lation to their duties, and particularly in relation to the con- 
struction, warming and ventilation of school houses and the im- 
proving and adorning of the school grounds, and to recommend 
to the school officers and teachers the proper studies, discipline 
and management of schools. 

The object of the superint?ndent's visits is set forth with sufficient 
clearness in the lav/. It rfimains for him to make his visits helpful 
to the schools. A formal call of a few minutes' durat'OTi can serve 
no beneficial purpose, and should not be considered a sufficient psrform- 
ance of the superintendent's duty in this regard. 

The superint-ndent should keep a record of his observations. Tlie 
information thus obtained should serve as an aid in passing judgment 
upon the qualifications of teachers, and should also form the basis of 
association work. Without it the superintend(-:nt must nec:,ssarily ba 
a stranger to the needs of his schools, and will not be able to advise 
school boards wisely, or to direct the work of teachers intelligently. 

3. To direct, after proper examination, the district board to 
make any alteration and repairs which shall, in his opinion, 
be necessary to the health, comfort and progress of the pupils, 
and to abate any nviisance in or upon the premises, provided 
the same can be done at an expense not exceeding twenty-five 
dollars. 

4. To make an order in concurrence with the chairman of 
the to^\Ti board in which any school-house is situated which they 
shall deem unfit for school pur"poses and not worth repairing, 
declaring such fact and reciting the reason therefor. They 
shall deliver such order to the clerk of the district and trans- 
mit forthwith a copy thereof to the clerk of the town and also 
to the state superintendent. Such order shall take effect from 
its date unless within thirty days after it is delivered to the 
district cleric the same shall be reversed by the state superin- 
tendent for cause shown; and from the time said order shall 
take effect the district shall not share in any apportionment of 



THE COUNTY AND THE CITY SUPERINTENDENT. 93 

the school fund income for any school kept in any building so 
declared to be unfit for school purposes. 

5. To report annually to the board of supervisors of his 
county the condition of the schools under his supervision. 

6. To receive from the town, city or village clerk the ab- 
stracts of the reports of the district clerks required to be made 
by law and to transmit the same to the state superintendent; 
and before the first day of May in each year to transmit to the 

.state superintendent the name and postoffice address of each 
town clerk in his district, and from time to 'time such other 
facts relating to education in his district as the state superin- 
tendent shall require. 

7. To organize and conduct at least one institute for the in- 
struction of teachers in each year, and to advise in all questions 
arising under the operation of the school laws in his district. 

Teachers' county institute fund. (Chapter 4-Y6, Laws of 
1905.) Section 1. There is hereby appropriated from the 
general fund in the state treasury the sum of nine thousand 
dollars, which shall be kno'v^m as a teachers' county institute 
fund and shall be used under the direction of the county or dis 
trict superintendent in defraying the necessary expenses of con- 
ducting annually one or more teachers' institutes for the in- 
struction of the teachers of his county or district in school man- 
agement, in methods of teaching, and in the branches taught in 
the common schools, and in compensation for lectures at such 
institutes when said lectures are given by other than the con- 
ductors or the county or district superintendent. 

Section 2. ISTo money shall be paid by the county or district 
superintendent of schools for the services of any instructor or 
lecturer or to any person from this county institute fund, un- 
less said person is the holder of a certificate signed by the state 
superintendent certifying that the committee on institutes of 
the board of regents of normal schools approve of such person 
as a competent institute conductor. 

Section 3. The sum provided for in section 1 of this act shall 
be distributed among the counties of the state in just proportion 
to the number of teachers actually required and employed in the 
territory under the supervision of the county or district superin- 
tendent in giving instruction in the schools of said county or 
superintendent district for a term of not less than seven months 
during each year, unless failure to maintain such school or 
schools for such term shall have been caused by the destruction 



94 SCHOOL LAWS OF WISCONSIN. 

of the scliool-liouse or by the order of the school district board, 
or the local or state board of health, on account of the preva- 
lence of contagions disease. 

Section 4. The county or district superintendent of schools 
shall between the first and tenth days of July in each ^^ear make 
a statement upon oath to the state superintendent, giving the 
exact number of teachers in all the pul)lie schools of his district 
when they are all in session. When the sworn statements from 
all the county or superintendent districts have been received it 
shall be the duty of the state superintendent to apportion the 
fund mentioned in section one of this chapter, among the differ- 
ent counties of the state in proportion to the number of legally 
qualified teachers actually eugaged in teaching under tlie pro- 
visions and restrictions of this chapter, and certify said sum to 
the secretary of state, who shall thereupon draw his orders up- 
on the state treasury in favor of the different county or district 
superintendents for the sum so certified. 

Section 5. The county or district superintendent shall keep 
an itemized account of all the expenditures made from the fund 
in his superintendent district. Said account to accompany the 
statement provided for in section 4 of this act. 

It is made the duty of the superintendent to hold an institute each 
year. Careful preparation should be made for its accommodation. A 
well ventilated and properly warmed room, furnished with blackboards 
and a sufhcient number of seats to accommodate all that attend, is 
indispejisable. In the selection of the place for holding an institute, 
care should be exercised to choose a place in which a proper building 
can be secured, and ample accommodations obtained for the entertain- 
ment of teachers. 

Notice of the institute should suggest the necessity of bringing sta- 
tionery, manuals and text-books. The superintendent should strive to 
secure prompt and regular attendance, and to maintain such order and 
attention as will render the institute a model in methods of recitation, 
instruction and management. The superintendent should correspond 
with the conductor appointed to assist him in reference to a suitable 
program. The suggestions which he may make to the conductor should 
spring from his knowledge of the needs of his teachers as shown by 
his examinations and school visitation. The program should be pub- 
lished with the notice and should be followed in the actual work of 
the institute. See sections 407 and 408. 

8. (As amended by Chapter 290, Laws of 1901.) To divide 
his district into examination districts bounded by town lines and 
containing not more than four towns each when the number of 
schools in his district, including graded schools, shall exceed one 
hundred and fifty ; but to form not less than four examination 
districts if the number of schools is less than one hundred and 
fifty ; not less than three if the number is less than one hundred : 



THE COUNTY AND THE CITY SUPERINTENDENT. 95 

to hold in each examination district in each year, at least one 
meeting for the examination of teachers, and at least three 
others at intervals of three months, at the county seat or some 
convenient and central place in the county, two of which shall 
be in first and second grade branches ; provided, the county 
superintendent, by and with the advice and consent of the state 
superintendent, may modify the number and boundaries of 
the examination districts, the number of examinations in first 
and second grade branches, and may fix the times and places 
for holding the examinations for second and first grade certifi- 
cates ; to furnish each district clerk in the same a written notice 
of each meeting, to be posted by him in some conspicuous 
place in the district. Such notice shall contain the names of 
the towns -embraced in the examination district to which it re- 
lates, and the time, place and objects of the meeting. The 
examination of the teachers shall be uniform in the superin- 
tendent districts, shall be public and shall be conducted by 
oral and written questions and answers. Whenever for any 
cause satisfactory to the county superintendent any person de- 
siring a certificate as a teacher shall be unable to attend upon 
such examinations he may be examined at any time fixed by 
him, and if found qualified by law to teach may receive a cer- 
tificate of the proper grade, which shall remain in force until 
the next regular examination in such inspection district. 

9. School board conventions. (Chapter 105, Laws of 1905.) 
The county or district superintendent of schools shall annually 
call and hold at least one school board convention for his super- 
intendent district, at the county seat or some other convenient 
place, for the purpose of consultation, advice and instruction 
upon matters pertaining to the management of the schools. 
Each district clerk shall and the director and treasurer may at- 
tend such convention. Each member present shall be allowed 
two dollars and mileage at the rate of three cents per mile each 
way, going and returning to and from said meeting, said sum 
to be paid from any moneys in the school district treasury not 
otherwise appropriated. The county superintendent shall is-;ue 
to each member in attendance a certificate which shall be filed 
with the school district clerk and serve as a basis or evidence for 
drawing the necessary warrant upon the district treasury. 

Deputy county superintendent. (Chapter 321, Laws of 1901.) 
Sectic.tst 1. The county superintendent of schools of any 
county or superintendent district may, by and with the consent 



96 SCHOOL LAWS OP WISCONSIN. 

of the county board, appoint a deputy, provided he has under 
his jurisdiction not less than one hundred schools. Such dep- 
uty shall at the time of his appointment hold at least a first 
grade county certificate and shall have taught in the public 
schools of the state for a period of not less than eight months, 
l^otice of such appointment shall be filed with the county 
clerk, and the county board of supervisors at any regular or at 
any special meeting may appropriate an annual salary of not 
more than six hundred dollars for ser\dces rendered by such dep- 
uty, under the direction of the county superintendent of 
schools. The deputy shall under the direction of the county 
superintendent be authorized to perform all the duties now re-- 
quired of the county superintendent, except the certification 
of teachers. The deputy shall be subject to removal by the 
county superintendent, notice of such removal to be filed in the 
office of the county clerk. 

Uniformity in examinations does not mean that the same questions 
shall be submitted to each applicant; but that throughout the superin- 
tendent's district the tests employed shall be as nearly uniform in 
scope and thoroughness as practicable. 

Although the certificates granted upon special examinations are of 
short duration, yet they should be based on tests as thorough as those 
required in public examinations. Private examinations are avoided by 
some superintendents by appointing a supplementary examination late 
in the season. Good judgment will be required to avoid submitting 
questions that are so difficult as to exclude competent, or so slight as 
to admit incompetent persons. 

Attendance on convention. Section 461a. The county su- 
perintendent shall attend annually at least one convention of 
county superintendents called and held by the state superin- 
tendent for the purpose of consultation, advice and instruction 
upon matters pertaining to supervision and management of 
puldic schools. His necessary actual expenses for traveling 
from his residence to the place of holding the nearest and most 
accessible convention and returning thereto and for board and 
lodging while in actual attendance thereon shall be paid by the 
county, and bills for such expenses shall be audited and allowed 
by the several county boards upon the presentation of the same 
with the certificate of the state superintendent attached thereto 
showing that the claimant attended such convention for the 
rtumber of days specified in the bill ; provided, not more than 
one such account shall be paid in each year. 



THE COUNTY AND THE CITY SUPERINTENDENT. 97 

Not to teach, etc. Section 46 1&. No county superintendent 
of schools, except in counties where his salary is less than eight 
hundred dollars, shall engage in teaching during the term for 
which he was elected nor engage in any profession or occupa- 
tion, nor shall he absent himself from the county or district 
for which he is elected to engage in any occupation, profession 
or pursuit during the term for which he is elected for such time 
or in such manner as to interfere with the proper discharge of 
his duties as such. A violation of any of the provisions of this 
section shall subject the offender to removal from office. 

Residence and office. Section 461c. When a county seat is 
located in an independent city having a separate superintendent 
of schools or a county shall be divided into two superintend- 
ent districts, the county superintendent may reside in such 
county seat and keep an office in the public building or other 
place provided therefor by the county. 

County superintendent— Eligibility. Section 461cc. (Chap- 
ter 46, Laws of 1905.) A person shall not be ineligible to the 
office of county superintendent of schools on account of resi- 
dence in cities of the third and fourth class within tlie terri- 
torial limits of au}^ such district. 

Superintendent's report. Section 46 le. The county super- 
intendent shall annually make and file with the county clerk 
a statement, verified by his affidavit, giving the names of all 
persons examined by him since the beginning of his term or 
since the date of his last statement, together with the dates 
when such persons were examined. He shall also embody in 
such statement the names of all persons to whom certificates 
have been issued upon papers written in another superintend- 
ent's district and the dates when such certificates were issued, 
and also the names of all graduates of high schools whose di- 
plomas he has countersigned, together with the dates of coun- 
tersigning. At the expiration of his term of office he shall file 
with the county clerk a similar sworn statement, covering the 
time from the close of his last regular series of examinations 
to the close of his term, and shall embody in such statement 
a summary, giving the number of persons in each of the three 
classes herein named and of all the persons so reported by him 
to the county clerk during his term of office. 

Y 



98 - SCHOOL LAWS OF WISCONSIN. 

Teacfliers' examination fee abolished. (Chapter 52, Laws of 
1905.) Section 1. Chapter 27 of the statutes of 1898 is 
hereby amended by striking out sections 4Gle, 461f, 461h, 
46 Ij ; also by striking out all of section 461g after the word 
"office" where it first occurs in line fifteen of said section. 

Section 2. E,en"umber sections 461g, 461o; 461i, 461f; 
461k, 461g. 

The sections named in this chapter related to the care and use of 
examination fees paid by teachers. 

Institute instructors. Section 461/. No money shall be 
paid for services rendered as an instructor in any institute to 
any person unless he holds a certificate signed by the state su- 
perintendent certifying that the committee on institutes of the 
board of regents of normal schools approves of said person as 
a competent institute instructor. Nor shall any person be em- 
ployed by any county superintendent as institute conductor or 
lecturer who is engaged in publishing text-books or dealing in 
school supplies, or who is an agent or employee of any indi- 
vidual or company thus engaged, or avIio is proprietor or man- 
ager of or in any way pecuniarily interested in any teachers' 
employment agency or bureau ; nor shall the committee on 
teachers' institutes of the board of regents of normal schools 
approve of any such person for service in institutes provided 
for in section 461/^ (noAv Chapter 476, Laws of 1905), nor 
shall any such person be employed as instructor or lecturer in 
any institute supported in whole or in part by the state. 

Superintendent's duty as to deaf and blind children. Section 
461^. It shall be the duty of each county and city superin- 
tendent of schools to send to the superintendent of the state 
school for the deaf at Delavan f^nd to the superintendent of the 
state school for the blind at Janesville the address of parents 
with the name and age of each deaf or blind child known to 
be in his county or city, and to inform parents, guardians and 
custodians of deaf mutes and blind children in his county or 
city respecting the several schools for deaf mutes and the blind 
in the state and the conditions of admission to them ; and for 
this purpose the superintendents of such institutions shall pro- 
vide each such superintendent with sufficient printed informa- 
tion and with the names and residences of all deaf mutes and 
blind children known to be in his county or citj^ And each 
such superintendent shall include in his annual report to the 



THE COUNTY AND THE CITY SUPERINTENDENT. 99 

county board of supervisors or the city board of education a 
statement of the number of deaf miites and of blind children 
of school age in such county or city then receiving an educa^ 
tion, or the number of each not receiving an education, and 
of the number of personal visits he has made during the year 
upon the parents, guardians or custodians of such children to 
induce them to give such children a proper education. 

Examination for superintendents' certificates. Section 4:611. 
The board of examiners for state certificates shall, at the time 
of holding the regular examinations provided for by law, ex- 
amine all applicants for the county superintendent's certificates 
herein provided for, upon the branches upon which examina- 
tion is now required for a first-grade county certificate, and 
also upon school law and the organization, management and 
supervision of district school-, bneh board shall, in addition 
to the examination provided for by law, hold in the month 
of July in each year three such examinations simultaneously 
at three different points in the state, to be determined by the 
state superintendent, which shall be chosen with reference to 
the accommodation of applicants in different parts of the state. 
Each of the three examinations shall be held under the super^ 
vision of a member of the board of examiners, but the scope 
and character of the examination shall be previously deter- 
mined by the board of examiners and the state superintendent. 
Printed questions shall be prepared on each subject upon 
which the applicant is required to be examined, and the board 
of examiners "shall examine the papers written by applicants 
and file all pa]3ers so written in the office of the state superin- 
tendent. All persons passing such examination to the satisfac- 
tion of such board, and who shall furnish satisfactory testimo- 
nials of moral character to the board, shall, upon its recom- 
mendation, receive from the state superintendent the county 
superintendent's certificate, which, together with the eight" 
months' experience in teaching in the public schools provided 
for in section 702a, shall constitute a legal qualification-to hold 
the office of county superintendent of schools. It shall also 
legally qualify the holder to teach in any public school in the 
state for which a first-gi'ade county certificate is a legal qualifi- 
cation. Such certificate shall remain in force until revoked 
by the state superintendent according to law. The provisions 
of law for payment of exnenses and per diem of members of 
the board of examiners while conducting examinations for state 



100 SCHOOL LAWS OF WISCONSIN. 

certificates shall extend to the examinations herein provided 
for. 

Tlie certificate provided for by this section, togetlier with eight 
months' successful experience in teaching, constitutes a legal qualifi- 
cation to hold the office of county superintendent. It also legally 
qualifies to teach in any public school in the stats for which a first 
grade county certificate is now a legal qualification, and remains in 
force during the life of the holder, unless sooner revoked by the state 
superintendent. See comment under section 702a. 

An applicant for the county superintendent's certificate will be per- 
mitted to begin his examination at any regularly appointed meeting, 
but must complete it before the corresponding examination in the en- 
suing year. Within the time herein fixed, re-examination will not be 
required upon branches in which a satisfactory standing has been at- 
tained. 

Satisfactory written testimonials of moral character must be fur- 
nished to the examiners at the time of the first examination. 



REPORTS. 101 



V.-EEPOrJS. 



Report of district clerk. SECTioiir 462. It shall be the duty 
of the district clerk, between the tenth and fifteenth days of 
July in each year, to make and transmit to the town^ city or 
village clerk a written report, dated on the tenth day of July 
of such year, signed by him and verified by his affidavit, show- 
ing :_ 

First. The number, naniies and ages of children, male and 
female designated separately, over the age of four and under 
the age of twenty years, residing in the district, and the names 
of their parents, guardiafns or other persons with whom such 
children resided, respectively, on the last day of June preced- 
ing. But no such children residing in, held or cared for at 
any charitable or penal institution of this state shall be included 
in such enumeration or report; and whenever the state super- 
intendent shall receive information that any such children 
have been enumerated in the school census of any school dis- 
trict included in the reports made to him, on the basis of which 
apportionment of money from the school fund income is made, 
he may require fromi the district clerk or the secretary of the 
board of education of said district a verified statement of the 
whole number of children of school age residing in the district 
not excluded by the provisions of this section, in such form and 
manner as the said superintendent may prescribe. Unless the 
certificate herein provided for shall be made no money shall 
be apportioned for the benefit of said school district. 

Second. The whole number of children, males and females 
designated separately, between the ages of four and twenty 
years taught in the district school during the year for which 
such report is made by teachers duly qualified. 

Third. The number attending school during the year under 
the age of four and the number over the age of twenty years. 

Fourth. The whole time, in days, any comaiion school has 



102 SCHOOL LAWS OF WISCONSIN. 

been taught in tlie district, iTT-lnding holidays, and the whole 
number of days such school has been taught by teachers quali- 
fied according to law, including holidays, and the days the 
teachers may have attended an institute during the year while 
the school was in session for which no deduction in wages was 
made by the district board. 

Fifth. The namesi of all teachers employed during the year, 
the number of days taught by each, including holidays, and 
the monthly wages paid to each, and the time allowed any 
teacher for attendance on any institute for which no wages were 
deducted. - 

Sixth. The amount of money received from the town treas- 
urer during the year, designating separately the amount re- 
ceived fromi apportionment of the school fund income, the 
amount received from tax levied by county board of supervis- 
ors, the amount received from tax voted by the district, and 
the amount received from all other sources during the year, 
and the manner in wdiich the same has been expended, showing 
separately the expenditure of school money received from the 
state. 

Seventh. Such other facts and statistics in relation to tlie 
schools, public or private, in such district as the state superin- 
tendent may from time to time require. The clerk of each 
joint school district shall report to the toAvn clerk of each town 
a part of which is embraced in such district the nuniber of 
children residing in such part in the manner -set forth in this 
section, and the remainder of the items specified in this section 
shall be embraced in the report m,ade to the town in which the 
school-house is situated. He shall also report the amount of the 
indebtedness of the district. 

Same subject. Section 4G2a. In addition to the duties of 
tho clerks of tlie several school districts of this state relating 
to the taking of the census of the school children as now pro- 
vided by law, the said clerks shall also report the names of the 
children in their respective districts and the age of each of them 
over the age of four and under the age of twenty years. Such 
clerks shall also leport tlie amount of the indebtedness of their 
respective districts. 

Careful attention should be given to the provisions of this law. The 
annual .report of the district clerk to the town clerk is of special im- 
portance, as it forms the basis upon which all public money is appor- 
tioned and also furnishes the information . that guides the legislature 
in subsequent enactments. 



REPORTS. 103 

For the purpose of securing accurate and complete information, 
blanks are prepared by the state superintendent and are transmitted 
to district clerks througli town clerks. Specific instructions ar,e 
printed on these blanks to aid in collecting and reporting the required 
items. A thorough study c 1 them should be made in connection with, 
the provisions of this law pi ior to making the report. No effort should 
be spared to obtain and repovt every item for which the blanks provide. 

The law requires the name and age of each child who has passed the 
fourth anniversary of his birthday, and has not reached the twen- 
tieth, to be reported; also the names of their parents, guardians or 
other persons with whom Tiey resided on the last day of June pre- 
ceding. These are items that can be obtained -with certainty only by 
a visit to each family in the district. The law requires the clerk to 
take the census in this manner. In the enumeration of children mere 
boarders or lodgers are not to be included; but persons who devote 
a part of their time to service to pay for their board and lodging while 
the rest is spent in attendance at school, and who have no other legal 
, residence, are considered members of the families with which they 
reside. Children of school age who may be employed for a limited 
time In one district and whose parents reside in another district are 
to be included in the census of the district in which their parents re- 
side. Care should be taken that the same children are not enumerated 
in two districts. (See comments on sections 428 and 430.) 

The clerk of a ioint school district must report in the manner above 
stated the number of children of school age residing in each part of his 
district to the town clerk of the town in which such part is situated. 
A partial report blank is furnished for this purpose. To avoid report- 
ing the same child to more than one town clerk, the census of each 
part of a joint district should be taken upon a separate blank which, 
when completed, should be sent to the clerk of the town in which 
such part of the district lies. In no instance should the whole number 
of children in a joint school district be reported to any one of the 
town clerks to whom a report is made. 

Several items are required for the annual report, which are to be 
obtained from the school register, among which are the number of 
children that have attended school during the year, the whole number 
of days school was taught by a legally qualified teacher, the whole num- 
ber of days of attendance of pupils at school, etc. To facilitate the 
work of making the annual report, clerks should see that the register 
is properly kept and the footings made at the close of the term. Section 
460 provides a remedy, a resort to which may be had in case the teacher 
refuses to perform his duty. 

The clerk's annual report must contain an exact summary of the 
financial report which section 444 requires the trear;arer to make at 
the annual meeting. This report includes all i'^'^ms of receipts and 
all items of expenditures made during the year oi^ding on the thirtieth 
day of June preceding. The proper test of its correctness consists in 
comparing the sum of the items of receipts with the sum of the items 
of expenditures. Their difference should equal the amount of money 
on hand on the date mentioned above. Unless this is true, the state- 
ment is wrong, and should be corrected before transferring it to the 
report blank. 

Reports should he in the hands of town clerks as early as the fif- 
teenth of July. Any failure to make the report within the time speci- 
fied, results in great inconvenience to the officers through whose hands 
it must pass, and subjects the school district to the risk of forfeiture 
oJ its claim to publio money. When the failure to comply with the 
requirements of the law relating to the annual report is due to wilful 



^()4. SCHOOL LAWS OF WISCONSIN. 

neglect of the clerk, he becomes personally liable to the district for 
the loss suffered in consequence of his neglect. (See section 498.) 

To entitle a district to share in the apportionment of the school 
fund income, it must be shown that at least seven months' school, of 
twenty days' each, taught by a legally qualified teacher, was maintained 
during the preceding year. Legal holidays are included. These are 
New Year's day, the twenty-second of February, the thirtieth of May, 
the Fourth of July, labor day, Christmas day, and thanksgiving days 
appointed by national or state authorities. Section 2577, W. S., pro- 
vides that whenever a legal holiday falls upon Sunday, the succeeding 
Monday is a legal holiday. When a legal holiday occurs on Saturday 
or during vacation, it cannot be counted as a day taught. (See com- 
ment on section 459.) 

Town clerk's report. Section" 463. Each town clerk shall, 
on or before the lirst day of August in each year, make and 
transmit to the coiinty superintendent of the county or district 
in which his town is situated a report bearing date on the tenth 
day of said month, stating : 

1. The whole number of school districts separately set ofE 
within the town, and the number of parts of joint districts in 
which the school houses belonging thereto are located in his 
town. 

2. The districts and parts of districts from, which reports 
shall have been made within the time limited for that purpose. 

3. The length of time a school shall have been taught in each 
such district or parts of districts. 

4. The amount of public money received in each. 

5. The number of children taught in each and the number 
of children over the age of four and under the age of twenty 
years residing in each. 

6. The whole amount of money received in the town for 
school purposes since the date of the last preceding report, set- 
ting forth separately the amount received from the state 
through the coimty treasurer, the amount levied by the county 
board, the amount raised by the town at its annual meeting in 
towns where the townsliip system of school government has been 
adopted. 

7. The amount of money raised by district tax for school 
purposes. 

8. The manner in which said moneys have been expended 
and whether any and what part remains unexpended, with such 
other information as the state superintendent may require and 
as may be re|x>rted to him by the district clerks. 

Blank reports, prepared by the state superintendent, are annually 
sent to town clerks. Such instructions as are needed always accom- 
pany the blanks. 



heports. 105 

In towns which have adopted the "township system of school gov- 
ernment," the report required in the foregoing section v/ill be made 
by the 'secretary of the town board of scliool directors, as provided 
in section 537 of the "Wisconsin statutes, upon the same blanks as are 
used by town clerks in other towns." 

Superintendent's report. Sectioit 464. Eacli county super- 
intendent shall, on or before the fifteenth day of August in each 
year, make and transmit to the state superintendent a report 
in writing, setting forth the whole nmnber of towns in his dis- 
trict, distinguishing those from which the required reports have 
been made to him by the town clerks, and containing an ab- 
stract of their reports, and also embracing an abstract of the 
annual report of the secretary of each free high school in such 
district and of each secretary of town board of school directors 
of towns having the township system of school government. 
and of the clerk of each incorporated village and city under 
his supervision. Each county superintendent shall also, within, 
the time above mentioned, make and deliver to the county 
clerk and tO' the county treasurer a written statement of the 
whole number of children in each town, village and city under 
his supervision over the age of four and under the age of 
twenty years returned from the districts which have maintained 
schools for six [seven] or more months during the past year 
as appears from the reports of town clerks. 

The county superintendent must now make his annual report by 
August 15. All necessary instructions accompany the blanks annually 
furnished to county superintendents from the ofiice of the state super- 
intendent. The greatest care should be exercised in making the an- 
nual report required by section 464, for it Is upon this that the annual 
apportionment is made. 

Reports from cities and villages. Section 465. The clerk of 
each city and village or the clerk of the board of education of 
each city and village under the jurisdiction of the county 
superintendent shall, within the time prescribed, make and 
transmit to hini tlie reports required by section 463 ; and in 
all cities having a superintendent of schools and which are not 
under the jurisdiction of a county superintendent, such super- 
intendent of schools shall make the annual report required by 
said section directly to the state superintendent; and in such 
cities having no superintendent of schoolsi such report shall be 
raade by the clerk of the b'oard of education thereof. 

The clerks of cities (under county superintendents) and of villages 
use the same blanks as town clerks, and receive the reports of the 
district clerk or clerks. 



106 SCHOOL LAWS OF WISCONSIN. 

Blanks and amendments to laws. Section 466. The state 
superinteiKlent shall, on or before the first day of Juno in each 
year, funiish to each clerk, superintendent or other ofiicer by 
whom a report shoiild be made, blank forms upon which such 
officers shall make their annual reports ; and whenever any 
amendm.ents shall be made to the provisions of this chapter he 
shall furnish a copy of such amendmients to eveiy school district 
in the stata 



1>UTIES OF TOWK OFFICERS. 107 



VL-DUTIES OF TOWN OFFICERS AS TO 
PUBLIC INSTRUCTION. 



Clerk's duties. Section 4-G7. It shall be the duty of the 
town clerk: 

1. T'o report to the coiintj superintendent within ten days 
after his election or appointment his name and postoffice ad- 
dress, and likewise the name and postoffice address of each dis- 
trict clerk within ten days after the same are filed in his office, 

See Form No. 28. 

2. To see that the annual reports of the several district clerks 
are made correctly and in due form; to file and safely keep all 
reports whatsoever made to him and all orders and notices of 
the town hoard relative to any school district. 

3. To record such description of school districts, and such 
orders eoncerning the organization;, alteration or dissolution 
thereof as shall be made by the town board. 

4. To make and keep in his office a luap of the town, show- 
ing the exact boundaries of all the school districts therein as 
appear from the records on file, and when a new district ig 
formed to m,ake and furnish a miap thereof to the district clerk. 

5. To apportion the school money collected by the to^vn and 
that received from the state for the several school districts of 
the town on the third Monday of March each year, or as soon 
as the same shall be collected or received by the town treasurer, 
to the several districts and parts of districts within the town as 
provided in these statutes. 

See Form No. 27. 

Further duties of the town clerk in regard to the apportionment of 
school money will be found in sections 558 and 559. 



iQg SCHOOL LAWS OF WISCONSIN. 

Treasurer's duties. Section 468. It shall bo tlie duty of the 
town treasurer: 

1. Tb apply for and receive from the county treasurer all 
moneys apportioned for the use of common schools in his towh 
and to pay tlie same together with all moneys collected in the 
town for the support of the schools, to the treasurers of the 
districts entitled to receive them upon the order or apportion- 
ment of the town clerk. 

2. To pay to the district treasurer on demand all school dis- 
trict taxes raised in each district and collected by him, and the 
amount of all school district taxes returned to the county treas- 
urer of his county as delinquent, whenever the same shall have 
been paid to him by said county treasurer gr whenever he shall 
receive credit from the county treasurer for such delinquent tax 
or any part thereof on account of any demand or claim due 
from such town to such county. 

3. On or before tlie second Monday of March in each yenr 
to certify to the town clerk the amount of school money in his 
hands to be apportioned by said clerk, and immediately upon 
the receipt of any mjoney from the school fund income to cer- 
tify the same to the said clerk for apportionment. 

(Sul)division 4, Sec. 468, Statutes of 1898, as amended by 
Chap. 119, Laws of 1901.) On the second Monday in June 
in each year to make and forward to the clerk of each school 
district in whole or in part in his own town a certified state- 
ment of the amount of money paid by the town treasurer dur- 
ing the year next preceding to such district treasurer, specify- 
ing the date and amount of and the account upqn which each 
such payment was made. 

5. If the county treasurer shall neglect or refuse to pay over 
the school money which by law should be paid to the town 
treasurer, he shall commence and prosecute an action on the of- 
ficial bond of such county treasurer for the recovery of such 
money. 

The town treasurer shall hold, subject to the order of the several 
district treasurers of his town, all district taxes collected by him. 
Also all money raised by taxes levied upon the town by the county 
board of supervisors, and all money raised by the town in addition 
thereto, and pay the same over to the several district treasurers, ac- 
cording to the apportionment made by the town clerk under the law. 
He will also receive from the county treasurer the amount apportioned 
by the state superintendent to his town, out of the income of the 
school fund, and pay the same over to the district treasurers, accord- 
ing to the apportionment made by the town clerk. The town treas 
urer shall also receive all money paid on account of delinquent taxes. 



DUTIES OF TOWN OFFICERS. 109 

and pay the same over to the proper district treasurers. No school 
taxes except district taxes will be returned, if the law is complied 
with. 

It is the duty of the town treasurer to notify the town clerk of any 
money which he holds subject to apportionment by said town clerk, 
and to inform district treasurers promptly of any funds in the town 
treasury belonging to the respective districts. 

District treasurers are not required to accept any taxes or school 
funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the second Monday 
in March, in each year, must state specifically the several amounts re- 
ceived from town and county tax, and the amount of income unappor- 
tioned which I'emains in the town treasury; it must also include any 
money apportioned the previous year, which has not been paid over to 
the district treasurers. Reference is here made to section 557. 

The purpose of the certified statement to the district clerk of the 
amount of money paid by the town treasurer during the year next 
preceding, to the district treasurer, is to give the district clerk the 
data upon which settlement with the district treasurer can be, made 
in time for report at the annual meeting. As the annual meetings are 
now held on the first Monday in July, the statement should be fur- 
nished earlier as the law now demands. 



IIQ SCHOOL LAWS OF WISCONSIN. 



VII.-ASSESSMENT AND COLLECTION OF 
D18TK1CT TAXES. 



Assessment. Section 469. All school district taxes, unless 
otherwise specially provided by law, shall be assessed on the 
same kind of property as taxes for town and county purposes, 
and all personal property which, on account of its location or 
the residence of its owner, is taxable in the town shall, if such 
locality or residence be in the school district, be likewise taxa- 
ble for school district purposes. 

Valuation of realty. Section 470. Whenever any real es- 
tate in any school district shall not have been separately valued 
in the assessment roll of the town, and the valuation of such real 
estate cannot be definitely ascertained from such assessment 
roll, the town clerk shall estimate the value of the same in pro- 
portion to the valuation affixed in said assessment roll to the 
whole tract of which such lot or piece of land forms a part. 

Assessments in joint districts. Section 471 (as amended 
by Chapter o07, Laws of 1905). In case of a joint school- dis- 
trict the assessors of the town, city or village in part embraced 
therein shall meet at the district school house with their re- 
spective assessment rolls at two o'clock in the afternoon of the 
last Saturday in Jnly of each year for the purpose of compar- 
ing and investigating the assessed valuation of the taxable prop- 
erty in the several parts of such district separated by town, city 
or village lines and shall determine whether the assessed valua- 
tion of such property on the assessment rolls be jnst or not. If 
considered unjust, they shall determine the relative aggregate 
valuation of said property in the parts of the district in the 
several towns, cities or villages comprising it and the proportion 



DISTRICT TAXES. Ill 

of district taxes to be levied upon the property in eacli of the sev- 
eral parts. If necessary, the assessors may view and inspect the 
taxable property in the different parts of the district and may 
examine the owners and other persons under oath as to the 
value thereof. 

The school district clerk shall give five days' notice by mail 
to the assessors that the statute rec[uires them to meet at the 
time and place aforesaid for the purpose of determining the 
relative value of property in the several parts of the district, 
but a failure to give such notice shall not excuse the non-attend- 
ance of any assessor. Said clerk shall attend such meeting and 
keep a record of the proceedings. A majority of such assessors 
shall constitute a quorum -for the performance of the duties pre- 
scribed in this section. But if any assessor shall be absent 
from such meeting in attendance upon a like meeting in some 
other joint district, and shall give information of the fact to 
such clerk, or if for other reasons there shall be no quorum of 
assessors, the meeting shall be adjourned to such time as may 
be necessary to enable all of such assessors to be present, and in 
such case the clerk shall give notice of such adjournment to 
each assessor not .then present in time to enable him to attend 
such adjourned meeting. Further adjournments may be taken, if 
necessary, until. the duties imposed by this section shall have 
been performed ; and if for any reason there shall be failure to 
perform -such duties without adjournment to a fixed time, the 
clerk shall calk another meeting at a time fixed by him; pro- 
vided, that final action by said assessors under this section 
shall be taken not later than the first day of November in the 
same year. The town, city and village clerks shall allow the 
assessors to take and use the assessment rolls in the discharge of 
their duties under this section. If the assessors cannot agree, 
they shall call to their aid the chairman of the town, the presi- 
dent of the village or mayor of the city so in part embraced in 
the district, and- if the last named officers with the assessors 
cannot determine the valuation of the property and the propor- 
tion of taxes to be levied thereon, they shall call to their aid 
the chairman of an adjoining town whose vote shall decide the 
controversy. The determination when made shall be certified 
in writing to the district clerk. If any assessor or other officer 
shall refuse or -neglect to perform the diities hereby imposed, or 
to act when called upon as herein provided, he shall forfeit not 
less than twenty nor more than one hundred dollars. 

For performing the duties prescribed in this section, the dis- 



112 SCHOOL LAWS OF WISCONSIN. 

trict clerk, eacli assessor and each town, city or village officer 
who may be called in, shall receive the snm of three dollars, 
payable out of the treasury of such district upon the order of 
the clerk thereof drawn upon the district treasurer and counter- 
signed by the director. 

Statement as to taxes. Section 472. Each district clerk 
shall, on or before the third Monday of l^ovember in each 3'ear, 
deliver to the town clerk a statement in writing, verified by his 
affidavit, showing the amount of taxes voted to be raised at the 
last annual meeting or at the first meeting after the organiza- 
tion of the district, or both, as the case may require, and all 
of the taxes, voted at any special meeting held during the then 
next preceding year, and also the amount of tax therefor voted 
to be-<^ollected in such year, if any, for the annual payment 
of any loan, and also the amount to be paid by such district, 
if any, under the provisions of section 421. In case of a joint 
district he shall deliver to the clerk of each town, city or village 
in which any part of the district is situated a statement so veri- 
fied showing the projiortion of such taxes to'be assessed in that 
part of the district within such to-wn. If such proportion shall 
not have been determined as provided in the last preceding sec- 
tion it shall be ascertained from the valuation contained in the 
last assessment rolls of the respective towns, city or village ; 
and to that end the clerk of each such municipality shall, on 
or before the last Monday in September in each year, deliver 
to the district clerk a certified statement of the valuation of the 
real and personal property in that part of such district lying 
therein as the same appears from said assessment roll. 

See Forms Nos. 30 and 31. 

Assessment by town clerk. vSection 473. The town clerk 
shall assess the taxes so certified upon the property liable there- 
to, placing the same in a separate column in the next tax roll 
of his town, wdienevor so certified, before he shall have delivered 
the roll to the town treasurer for collection, although after the 
third Monday of JSTovember; if any such shall not be assessed 
in the next tax roll after being voted it shall, be assessed in 
that of the next succeeding year. Such taxes shall be collected 
or returned delinquent bv the town treasurer and collected by 
the county treasurer in all respects like other taxes. 

Upon the delivery to him of such statement, the town clerk should 
give the district clerk a certificate that he has roce'ved th« same, stat' 



DISTRICT TAXES. Hg 

ing the amiount of the tax, and the time when received, which certifi- 
cate should be 'filed in the office of the district clerk. 

It will be noticed that this statute makes it the duty of assessors 
to meet and make the equalization without notice or demand on the 
part of any other officer. Assessors should try to arrange for such 
meeting by agreement, if possible; otherwise eacu assessor should be 
at the district achool hous3 (the place of meeting designated by the 
statute) on "the Saturday next preceding the time fixed for the re- 
turn of the assessment rolls," first giving each other assessor due 
notice to be present on that day. The law contemplates that in joint 
school districts the district taxes shall be apportioned between the 
several parts ofl the district lying in different towns, not on the basis 
of valuations fixed by the assessors of such several parts, but on the 
basis of the equitable relative valuation of such several parts, to be 
ascertained and determined by the assessors in joint meeting as di- 
rected in said section 471. Frequent complaints are made of injustice 
between different parts of joint districts, whare the assessment in one 
town was on a higher or lower percentage of true value than in the 
other town or towns into which the district extended, such injustice 
resulting from a failure on the part of assessors to meet and make 
the equalization as required by the statute. This subject should be 
made a matter for special mention on the part of the assessors of towns 
having joint school districts. 

8 



114 gCHOOB liAWg OF WISCONSIN. 



VIIL-BOEROWING MONEY. 



When; security. Section 474. Whenever upon any un- 
usual exigency any scliool district shall, befoa-e the annual 
meieting, vote a special tax tO' be collected with the next levy, 
the district may by vote authorize the district board to borrow, 
for a period not exceeding one year, a sum not exceeding the 
amount of such tax, and by such vote set apart such tax when 
collected to rej)ay such loan; and tliereupon the district board 
may borrow such money of any person, and on such terms, 
and execute and deliver 'to tlie lender such obligation therefor 
and such security for the repayment, including a luortgage or 
pledge of any real or personal property of tlie district subject 
to the directions contained in the vote of the district, as may 
be agreed upon and not prohibitod by law. 

The district may, at any time before the annual meeting, upon any 
unusual exigency, vote a special tax to be collected with the next 
levy (notice of such purpose being duly given, as provided in section 
427), and the district may authorize the board to borrow the same 
amount for immediate use. 

Loans for buildings; how authorized. Section 4T5 (as 
amended by Chapter 172, Laws of 1905). 

Section 475 For the purpose of aiding in the erection of a school 
house any school district, whether organized under general law sne- 
cia law or charter may. by vote of the electors at any annual oi' spe- 
cial meeting, called for that purpose authorize the district board school 
board or board ot education to borrow money, to an amount which shall 
not in any way exceed the limitations now provided bv general law 
Ihe resolution to be voted upon shall be in writing, "specif yin- the 
amount to be boriwed, the rate of interj^st, and the time and manner 

?irr?\' ?''n f''""" ^'^^'^ '"''""^^ installments, or otherwise, the 
last of which shall be payable in not exceeding fifteen years from the 
first day of February next ensuing. Such resolution shall be read to 
the meeting and the vote taken thereon by ballot. The ballots shall 
be written or printed, those in favor of the loan: "For the loan " tbose 
opposed: "'Against the loan." The resolution ard the vote shall' be 
recorded, and if adopted by a majority, the district board, school board 



BORROWING MONEY. II5 

or board of education shall be thereupon authorized to borrow such 
sum of any person on such terms, and execute and deliver to the lender 
such obligation therefor and such security for payment, including a 
mortgage or pledge of any real or personal property of the district, 
subject to the direction contained in the resolution voted, as may be 
agreed upon, not prohibited by law, and shall also levy a tax to be an- 
nually collected thereafter, sufficient to pay the interest annually on 
such loan and the annual installments of the principal, provided to be 
paid in each year. 

Any bonds issued by any such school district, to secure any loan 
which bonds shall have been issued in conformity to lav/, including 
the provisions of this section, as amended, are hereby declared to be 
and are valid claims and liens against the school district so issuing 
the same. 

Use of funds — Vote final. Section 476. Tlie money bor- 
rowed under authority of either of the last two preceding sec- 
tions shall be paid into the district treasury and be expended 
only for the purposes for which it was voted or borrowed. 
After any such loan shall have bieien made no power shall ex- 
ist to rescind or reconsider any such vote or obstruct the col- 
lection, of such tax; and the district treasurer shall apply every 
such tax when received by him exclusively to the payment of 
such debt so far as necessary to discharge the amount to which 
such tax was devoted. 

The special provisions of the. law a^ to borrowing money to aid in 
building a schoolhouse, should be carefully examined and complied 
with; likewise those contained in the last preceding section, which 
apply to both the sections preceding it. Particular care should be 
taken to notify the electors, as pi'ovided in section 427, and every op- 
portunity should be given for a fair and full expression of the will of 
the people. 

The resolution to be voted on at the meeting should be carefully 
drawn up, and the collection of a direct annual tax sufficient to pay 
the interest on the debt as it falls due, and also to pay and discharge 
the principal v/ithin twenty years (fifteen years if the money is to be 
borrowed from the state trust funds) of the time of contracting the 
debt must be provided for by the electors at the meeting. The district 
board has no authority to levy a tax except as provided in section 
437. 

loan to refund indebtedness. Section 4:76a. Any school 
district may, by vote at an annual or special meeting, author- 
ize the district board to borrow m.oney for the purpose of re- 
funding its indebtedness. A written resolution shall be read 
at such meeting Epecifying the amount to be borrowed, the rate 
of intereS't and the amount of each installment of principal and 
time when it shall be paid. The last installment shall be paya- 
ble in not exceeding twenty years from the time the indebted- 
ness was originally contracted. The vote oil guoh resolution 



216 SCHOOL LAWS OP WISCONSIN. 

shall he taken by ballot, and voters favoring its adoption shall 
cast a ballrjt on which shall be the words ''for the loan," those 
opposed a ballot on which shall be the words "against the loan." 
If a majority of the votes cast are in favor of the loan the board 
may borrow the specified amount on snch terms as may be 
agreed npon conformably with such resolution and not pro- 
hibited by law, and execute the bonds or other obligations ol 
the district for such sum. The district shall levy a tax to be 
collected annually thereafter sufficient to pay the annual inter 
est on such loan and the installment of the principal to be paid 
in any year. After any such loan shall have been made sucl: 
vote shall not be rescinded or reconsidered, s nor shall the collce 
tion of such tax be obstructed, and the tax when collected shall 
be applied exclusively to the payment of such indebtedness. 
The money so borrowed shall be paid to the treasurer and shall 
be expended solely for the purpose for which it was borrowed. 

This law relates only to refunding loans previously made, not tc 
loans made in the first instance by school districts, and authorizes such 
districts to extend the period for twenty years during which the loan' 
is to be paid. 

Borrowing money for teachers' wages, etc. Section 1. (Chap- 
ter 40, laws of 1901.) Any school district may, by vote, at any 
annual, or lawfully called special meeting, authorize the district 
board to borrow money for a period not exceeding six months 
for the purpose of paying teachers' wages and usual school ex- 
penses, not exceeding the amount of district taxes voted for 
such purposes«at such meeting, to be collected with the next levy. 

Section 2. Any district board, after being so authorizec 
may borrow such money of any person for not exceeding six 
months, and deliver to the lender thereof an order on the dis-j 
trict treasurer for the amount so borrowed, payable on or befora 
six months after date thereof and drawing interest from date 
thereof not exceeding seven per cent, per annum.. I 

This chapter will also be found in connection with section 430, treat- 
ing of powers of districts. 

(Chapter 342, Laws of 1901.) For the purposes expressec 
in section 474 of the statutes of 1898 and chapter 40 of the law5 
of 1901, any high school district board is hereby authorized and 
empowered to borrow money whenever directed by the electors 
of such high school district assembled at a meeting regiilarlj 
called and held for that purpose, pursuant to the provisions oi 



BORROWING MON&Y. H^ 

section 427 of the statutes of 1898. The payment thereof shali 
be provided for by said board by a tax to be raised and certified 
as provided in tliis section. 

This chapter provides for a special meeting of the electors of a 
free high school district and gives them power to authorize the high 
school hoard to borrov/ money to be applied to carrying on the high 
school only. This chapter will also be found in that part of this vol- 
ume treating of the high school law. 



School district loans. Sectiok 261 (Statutes of 1898, 
amended by chapter 129, haws of 1899, and by chapter 123, laws 
of 1901.) Every loan to a school district may be made for such 
time not exceeding fifteen years, and of such amount as to- 
gether with all other indebtedness of such district, shall not ex- 
ceed five per centum of the last preceding assessed valuation of 
the real property in such district, and not exceeding in any ease 
twenty-five thousand dollars, as nxay be agreed upon ; the prin- 
cipal shall he payable in equal annual installments from a time 
fixed by said commissioners, with interest at the uniform rate of 
three and one-half per centum -per annum, payable annually. 
'No such loan shall be made until proof be filed in the office of 
said commissioners of the complete performance on the part of 
such district of each and every act hereinafter required to pre- 
cede the same. 

The law of 1898 limited the time of loans to school districts to 
ten years and the amount to ten thousand dollars, and fixed the rate 
of interest at four per cent. The law of 1899 changed the time to 
fifteen years and fixed the rate of interest at three and one-half per 
cent. The law of 1901 raised the amount that may be borrowed by 
any one district to twenty-five thousand dollars. Carefully study all 
laws -and directions given in this volume for borrov/ing money before 
application for a loan is made. 

Borrowing money — Cities. (Chap. 387, Laws of 1901, amend- 
ing Chap. 81, Laws of 1899.) All cities of the third and fourth 
class operating under a special or general charter, are hereby 
authorized to levy annually a special tax for school purposes, not 
exceeding three and one-half mills on the dollar of the assessed 
valuation of all the real and personal property in said city for 
that year, in addition to the total tax now authorized to be levied 
by such cities. 

Loans from the trust funds. SECTioisr 1. (Chapter 72, laws 
of 1901.) The annual interest and installments of principal 



118 SCHOOL LAWS OF WISCONSIN. 

of all loans granted hereafter from the trnst funds of the state 
to counties, towns, villages, cities or boards of education and 
school districts, shall be payable on the first day of February 
of each year after the gi-anting of such loans. 

This chapter fixes the time of paying the installments of principal 
and interest referre/i to in chapter 123, laws of 1901, printed above. 

Application for. Section 262. Before applying for such 
loan, every school district shall authorize such application by 
a vote of a majority of the legal voters of said district voting 
on such question, and if at a special meeting, the object of such 
meeting shall be clearly stated in the notice thereof, and such 
district shall not thereafter rescind said tax, reconsider such 
vote, or in any wise hinder, delay or postpone the levy and col- 
lection of the tax so voted, and shall not expend the money so 
raised or loaned for any other purpose. Application for such 
loan shall be made by the district board of such school district 
in wl'iting, stating the amount required, the assessed valuation 
of the taxable real property of such district, and the total as- 
sessed valuation of the taxable property of such district as shown 
by the last assessment roll ; and if such district be a joint district 
such assessed valuation in its several parts separately, so that 
the valuation of so much tliereof as lies in each town of which 
it is a part may be readily known ; and the total amount of all 
the otlier indebtedness of such district and the facts m detail 
in, respect to the holding of the meeting and passing the votes 
required as aforesaid, and shall be accompanied by a correct 
map or plat of such district. Such application and map 
shall be recorded in the office of said commissioners ; and such 
application and the record thereof and such statement shall be 
conclusive evidence of the facts therein stated. All such appli- 
cations shall be actc'd upon by the said commissioners in the 
order of time in which they shall be filed. 

loans to schools under township system. Sectiow 262a. 
Loans to the board of school directors of any town in which the 
township system of schools exists shall be nxa.de only when ap- 
plication therefor shall have been authorized by a majority of 
the electors of the town voting on the question at an annual 
town meeting, or at a special town election called and held in 
the manner provided by law. The question of authorizing an 
application for a loan shall be submitted in the form of a reso- 
lution which shall state the amount for which application shall 
h& made and the time for payment of the loan. Tlio vote on 



BORROWING MONEY. 119 

the adoption of sucli resolution shall be by ballot. The applica- 
tion to the connnissioners shall be signed by the president, vice- 
president and secretary of such board, and the certificates of in- 
debtedness required as evide-nce of tlie loan sliall be signed by 
them. The town treasurer shall receive and receipt for the 
money and pay it out as other moneys belonging to the school 
fund of the township are paid out, but only for the purpose for 
which the loan was made. Except as herein provided the 
statutes governing loans to school districts shall, so far as ap- 
plicable, control loans made to such boards. 

The granting of loans from the trust funds of the state for the 
purpose of aiding in the erection of school houses is frequently delayed 
on account of errors and omissions in the application and accompany- 
ing papers. To aid school district officers to avoid errors and facili- 
tate the granting of loans, the following statements are given: 

1. The law requires that the authority to borrow money must be 
given by vote at an annual or lawfully called special meeting. 

2. That the resolution to be voted on shall be In writing and shall 
specify the amount to be borrowed, the rate of interest, and the time 
and manner of payment. 

3. The resolution to be voted on shall be read to the meeting and 
"he vote thereon taken by ballot. 

4. The ballots shall be written or printed; those in favor, "for the 
loan;" those opposed, "against the loan." 

5. The resolution and the vote shall be recorded. 

6. If the resolution is adopted the meeting shall also levy a tax to 
be annually collected to pay the interest and principal of such loan 
as they become due. 

Section 327, Wisconsin statutes of 1898, gives the law relating to 
special school district meetings. That statute and the comments 
-thereon should be very carefully studied before any steps are taken 
toward calling a special meeting for the purpose of secu.j'ng a loan 
from the state. In order that the essential points may not escape your 
notice, they are also placed here: 

1. The special meeting must be called on the written request of at 
least five legal voters. 

^2. Notices for such special meetings must be posted in four or more 
public places in the district; one of which shall be affixed to the outer 
door of the schoolhouse at least six days before the date on which the 
meeting is to be held. 

3. If a loan is to be authorized, tax levied, or debt contracted, notice 
of the meeting must be served on at least three-fourths of the legal 
voters (men and women), either personally or by written notice left 
at their place of residejace, stating the time and place, and objects 
of the meeting, and specifying the amount proposed to be voted, at 
least six days before the time appointed therefor, exclusive of the 
day on which the meeting is to be held. 

4. A record of the proceedings of the special meeting should show 
that every requirement of the statutes has been observed. 

The following outline which may be modified to conform to the 
facts, will serve as a guide to aid in making a sufficient record of the 
proceedings of the special meeting, and a certified copy of such record 



120 SCHOOL LAWS OF WISCONSIN. 

must accompany all applications made to the Commissioners of Public 
Lands for loans from the trust funds: 

Minutes of the proceedings of a special meeting of school 

district No of the town of in 

county, Wisconsin, held at the schoolhouse in said district on the 

day of ,19 , at o'clock in the** noon. 

The meeting was called to order by Mr was 

elected chairman and the school district clerk acted as clerk. 

Mr , school district clerk, read an affidavit showing that 

the meeting was called on the written request of at least five legal 
voters of the district, and that notices thereof were posted in the 
manner prescribed for calling the annual meeting, and that at least 
three-fourths of the legal voters (men and women) had been notified 
either personally or by a written notice left at their places of residence, 
stating the time, place and objects of the meeting, and specifying 
the amount proposed to be voted, at least six days before the time 
appointed therefor, exclusive of the day on which the meeting was to 
be held, v/hich said affidavit is in the words and figures following, 
to-wit: 

County. — ss. 

, being first duly sworn, on oath, deposes and says that 

he is the duly elected and acting clerk of school district No 

of the town of , in county, Wisconsin; that 

on the day of 19 a request in writing was 

filed with this deponent, requesting deponent to call a special district 

meeting on the day of , 19 .... , at o'clock 

in the noon, which said request is in the words and figures 

following, to-wit: 

(Here give request in full.) 

That thereafter on the day of , 19 .... , deponent 

posted notices in public places in said district, one of which 

was affixed to the outer door of the schoolhouse in said district, of 
which the following is a true copy: 

(Here give notice in full.) 

That on the day of , 19 this deponent notified 

the following named legal voters of said district personally, by read- 
ing the said notice to them: 

(Here give names of voters personally notified.) 

And on the same day deponent notified the following named legal 
voters of said district by leaving a true copy of said notice at their 
places of residence: 

(Here give names of voters so notified.) 

That the persons on whom such notice was served as aforesaid 
constitute at least three-fourths of all the legal voters of the district. 



Subscribed and sworn before me this day of , 19. . 

Justice of the Peace. 

The follov.'ing resolution was read to the meeting: 

"Resolved. That the school district board be and it is hereby author- 
ized to make application for a loan of dollars from the 

state trust fund, payable in years, with interest at the rate 

of 0^2 per cent, per annum, payable annually (See chapter 72, as printed 
above) for the purrose of building a schoolhouse." 



BORROWING MONEY. 121 

The question being on the adoption of the resolution, a vote was 
taken by Avritten ballots, which resulted as follows: 

For the loan 

Against the loan 

Majority for the loan 

The following resolution was then offered and adopted: 

Resolved, That a sum sufficient to pay the Interest and principal of 
the loan as it becomes due, be and the same is hereby levied upon 
the taxable property of the district. 

I, , clerk of the school district above named, do hereby' 

certify that the above and foregoing is a true copy of the record of 
the proceedings of the meeting therein referred to; that I have com 
pared the same with the original record in my custody and that it 
is a true copy thereof and of the whole of such original record. 

Dated , 19 



District Clerk. 

The form of request to the clerk to call a special meeting is given 
in this connection for the convenience of school officers and electors. 
The electors may at the meeting vote to borrow a smaller suin than 
that named in the call but cannot vote to borrow a larger amount. 

Request to District Cleric to Call a Special Meeting. 

To , Clerk of School District No 

of the Town of : 

Sir: — You are hereby requested to call a special meeting of the above 

District on the day of , 19 . . , at o'clock in 

the noon, for the purpose of voting on the following propo 

sitions, viz.: 

1st. To authorize the School Board to make application for a loan 

of dollars from the State Trust Funds, payable in 

years, with interest at the rate of 3i/^ per cent, per annum, payable 
annually, for the purpose of building school house. 

2nd. To raise by tax a sum sufficient to pay the principal and in 
terest of such loan as it becomes due. 

Signed: 



The form of notice for a special school meeting given herewith is 
one adopted by the land commissioners, and the district clerk should, 
as far as possible, make copies to be posted, agree with this form. 

It must not be forgotten that copies of the notice must be served 
upon at least three-fourths of the electors (men and wom^en) of the 
district, at least six days befor-e the meeting and exclusive of the day 
on which the meeting is to be held. Any failure to follow the direr- 
tion given in section 427, of this code, is likely to invalidate ail proceed 
ings of the electors at said special meeting. 

(Form of Notice for Special. School Meeting.) 

Notice is hereby given to the qualified voters of School 

District No , Town of , that a special school 



i22 SCHOOU LAWS OF WISCONSIN. 

meeting of said district will be held at , in said dis- 
trict on the day of ,19 at o'clock P. M., 

for the purpose of voting the following propositions, Viz.: 

1st. To authorize the school board to make application for a loan 

of dollars from the State Trust Funds, payable in 

years, with interest at the rate of 3i/j per cent, per annum, payable 
annually, for the purpose of building school house. _ 

2d. To raise by tax a sum sufficient to pay the principal and interest 
of such loan as it becomes due. 

(Signed) 

District Clerk. 

Dated 



Liability for loans; change of lioundaries; taxes; joint districts; 
officers' duty. Section 2G3, All tlie taxable properly in any 
school district wliicli lias lierctoforo obtained or sliall hereafter 
obtain any loan from the state shall stand charged for the pay- 
ment of the principal and interest thereof; and the boundariea 
of such district shall not be so altered as to exclude therefrom 
any land included therein at the time of making such loan, until 
such loan shall be fully paid, without the consent of said com- 
missioners and upon such terms as they shall ]>r0scribe ; and 
there shall be annually levied upon tlie taxable property of such 
district, besides all other taxes, a tax sufficient to pay the annual 
interest and annual installniients of principal of such loan, as 
hereinafter provided. Whenever a joint school district shall make 
any such loan, the clerk of such district shall notify in writing 
the towoi clerks of tlie several towns of which such district is 
coiiiposed, of such loan and the terms thereof; and thereafter 
the to^vn clerk of each town shall, on or before the second Mon- 
day of September in each year, until such loan be paid, trans- 
mit to the secretary of state a statement certified by him of the 
valuation of all taxable property belonging to that part of such 
district which lies in his town according to the last assessment 
roll ; or if the same shall have been equalized, as provided in sec- 
tion four hundred and seventy-one, such equalized valuation 
thereof. The secretary of state shall in every year furnish to 
the county clerk of each coimty, in which, lies any school dis- 
trict or part of district from which any such payment is to be- 
come due the amount to be levied upon such district, or, if a 
joint district, upon each such i>art of such district as lies in any 
town in such coimty, at the same time that he furnishes that of- 
ficer a statement of the state tax. In apportioning such tax to the 
parts of a joint school district lying in separate towns, the secre- 
tary of state shall take, as the true valuations the valuations of 
the taxable property stated in the application for such loan, until 



Sorrowing money. 123 

amended bj tlie certified statements aforesaid of tlie town clerks 
of all the towns in whicli such joint district lies. , The county 
clerk, on receiving such statement, shall include the amount due 
from such district or part of district in his apportionment of 
state taxes to the town ; but it shall be carried out in a separate 
column and the district from which it is due shall be specified. 
The to-^vn clerk shall charge and cany out such amount on his 
tax roll to the district or part of district to which it belongs, in 
a separate column, and the tax shall be- collected and paid over 
with and in the same manner as the state tax. 



124 SCHOOL LAWS OF WISCONSIN. 



IX. -SCHOOL HOUSE SITES. 



How obtained. Section 477. Whenever a scliool-district 
shall have designated by a majority vote of the electors there- 
of present at an annual meeting or at a special meeting called 
for that purpose, a school house site or an addition thereto, and 
shall he una.ble to obtain the same on account of the refusal of 
the owner to sell or lease the same for a just and reasonable 
compensation, or on account of his being a non-resident or un- 
known, the district board, when directed so tO' do by a vote of 
the electors of such district meeting, shall make application to 
the town board of their town to locate and establish the site or 
any addition thereto so designated. 

Notice to land owner. Section 478. Whcnevea- any such ap- 
plication shall be made to the town board said board shall make 
and sign a notice in writing of such application, containing a 
description of the land upon which it is proposed to locate such 
a site or addition and the time and place when and where they 
will meet to decide upon the same. Such notice shall be 
served or caused to be served by tlie district clerk upon 
all the occupants of such land and all the owners 
thereof who are known and are residents of this state 
at least six days previous to^the day fixed for such meeting. 
Such notice shall be served by delivering a copy thereof to each 
such occupant and owner or by leaving the same at their re- 
spective residences with' some person of suitable age and discre- 
tion; and if the OAvner or owners of saitl land be unknown to 
said board or shall reside without this state then such notice 
may be served by publishing the same in the new'spaijcr pub- 
lished nearest said land once in each week for six successive 
weeks next before the said day of meeting. 

Compensation. Section 479. The tomi board shall meet at 
the time and place fixed in said notice, and upon due proof of 



SCHOOL HOUSE SITES. 125 

tlie sei'vice of [or] publication of said notice they sliall locate 
and establish such site or addition for said district. They shall 
cause an accurate survey and description to be made, and fix 
and a. ward the compensatiion to be m,ade to the respective o^vners 
for the same, including all damages respectively sustained by 
such O'wners by reason of such taking of said lands, and within 
ten days thereafter luake out and sign duplicate certificates, con- 
taining a statement of their action upon such application, an ac- 
curate description of the land taken and the amount of coin- 
pensation and damages awarded to each of said owners, one of 
which shall be delivered to tlie occupant or owner of the lands 
so taken, if loiown and a, resident of this ^tate, and the other 
together with the proofs of publication or service of said notice 
and such survey, to the clerk of said district, who shall cause 
said certificate to be recorded in the office of the register of deeds 
of the pix)per county; provided, that said board may, in their 
discretion, before agreeing upon their award, adjourn from 
timie to time, not exceeding in all ten days. 

Payment. Section 480, The smn of money so awarded by 
said board shall be paid to the owner of the land upon which 
such site or addition is located, or in case the owner is a non- 
resident or unknown, or refuses to accept the money, it shall be 
deposited with the treasurer of the district to the order of the 
owner of said land ; said district shall not occupy said land 
without the consent of the owner thereof until such money shall 
be paid, tendered or deposited as aforesaid. 

Appeal. Section 481. Any person aggTieved by the de- 
cision of the town board in the award of damagCiS or otherwise 
may, within twenty days after filing their duplicate certificale 
with the clerk of such district, aj^peal therefroiu to the circuit 
court of ,aiiy county in which such site or addition or any part 
thereof is situated, by filing; with such clerk a notice of ap'peal, 
specifying all the grounds of his appeal and paying to such 
clerk one dollar for state tax and one dollar for making return? 
thereto. Within twenty days thereafter such district clerk, 
shall deliver to the clerk of said circuit court a certified copy of 
sucli certificate, together with such notice of appeal, with the 
date of service thereof indorsed thereon, and pay to him one 
dollar state tax ; and thereupon the clerk of said court shall en- 
ter an action in his co'urt record in which the said appellant 
shall be plaintiff and the school district defendant. The issue 



126 SCHOOL LAWS OF WISCONSIN. 

in said action shall be .tlie legality of all the proceedings taken 
by the school district and town board in taking the lands of the 
plaintiff for such school house site or addition thereto which are 
set forth in the notice of appeal as grounds therefor, and the 
amount of compensation and damages to which he is entitled 
tlierefor. Such issue shall be tried without further pleadings as 
other issues of fact are tried, and judgment thereon be ren- 
<iered and enforced as in other personal actions in such court ; 
pi^vided, that when the legality of the proceedings is not made 
an issue or is sustained and the plaiiitifi" does not recover a 
larger sum for damages than was awarded to him, he shall not 
recover but shall pay costs. 

Quantity of land. Section 482. ISTo school-house site shall 
contain more than one acre unless with the consent of the 
OAviier of the land taken thQj*efor. All land so taken against 
the will of the owner, when it shall cease to be used as a school 
house site or addition, shall revert to the original owner, his 
heirs or assigns ; and no land shall be so taken tliat may not be 
taken for highway purposes without the consent of the owner 
thereof. 

Proceedings by joint districts. Section 483. If such appli- 
cation be made by a joint district it shall be made to the town 
boards of the several towns in which such district is situated, 
and such town boards shall act together as one board in all pro- 
ceedings as hereinbefore prescribed. 

Infant's land, how obtained. Section 484. Whenever any 
school district shall locate a site for a school house upon any 
land owned by an infant or in which an infaut has an interest 
the circuit or county court of the county in which the laud is 
situated may, upon application of the parent or guardian oi 
such infant, authorize such parent or guardian to execute a 
perpetual lease of such site not exceeding one acre in quantitv. 
and when any such land is held in trust for an infant his 
trustee may in like manner apply for authority to make such 
perpetual lease. All such leases shall vest in the lessee the in 
terest of such infant aud of his trustee in such land so long as 
the same is occupied for school purposes. Such authority shall 
not be granted unless it shall be made to appear satisfactorily to 
said court that [the] premises are needed for school purposes, 
that the said school district is willing to pay therefor a con- 



SCHOOL HOUSE SITES, 127 

sicIeratio'iL deeimed adequate by the court and tliat tlie interest 
of such infant will not be prejudiced hj reason of said lease, 
and before making such order tlie court shall require the person 
authorized to make such lease to give a bond to account for and 
pay over the consideration received tlierefor as in cases provided 
bj law for the sale of tbe lands of minors. 

The foregoing sections embody the laws in force as to the establish- 
ment of school house sites. The town board is to be called upon, not 
to select or designate a site in any case, but to locate and establish 
the same or any addition thereto, when the district cannot obtain it 
on reasonable terms, or because the owner is a non-resident. 

The last section points out the course to be pursued when the site 
selected is on land owned by an infant, or in which an infant has an 
interest. 



128 SCHOOL LAWS OP WISGONSIN. 



X.-LIBKARIES. 



Reference works, miscellaneous books and books for supplementary 
reading for school use may be obtained in three ways: 

First.^Under subdivision 10 of section 430, which gives the school 
district meeting power to appropriate certain sums of money for the 
school district library. 

Second. — Under section 486, which allows two or more districts to 
unite in purcliasing and maintaining a joint library. 

Third. — Under section 486a, known as the township library law. 
Nearly all the school district libraries of the state have been secured 
under this law, which has proved the most efficient and has secured 
the best results. 

Librarian; actions. Section -485. The clerk of the district 
or such otlicr person as the legal voters shall appoint shall ho, 
the librarian and have the care and custody of the district li- 
brary under the supervision of the district board. All actions 
relating to such libraries or for the recovery of any penalties 
lawfully established in relation thereto shall be brought in 
the naniie of the proper school district. 

Joint libraries. Section 486. The legal voters of any two 
or more adjoining school districts maj, with the approval of the 
town board, unite their libraries and library money and may 
purchase a joint library or additions thereto for such districts, 
to be selected by the district boards thereof or by such person as 
they shall designate, and to be under charge of librarians to be 
ap]>ointed by such district boards. Every such joint library 
and its appurtenances shall be vested in and all actions relating 
thereto shall he brought in the names of all the districts owning 
such joint library. In case such district shall desire to divide 
any such joint library such division shall be made by the di- 
rectors of the districts owning the same, or by the to^vn super- 
visors if such directors cannot agree; and any school district 
inay donate and sell any book or books belonging to the district 
library to the town in which it is situated to form a part of the 
town library. 



LIBRARIES. 



129 



REGULATIONS. 

The following regulations for the management of school district 
libraries are prescribed by the state superintendent, under the author- 
ulider Chap. 37, Laws of 1903. 

1. The district librarian shall have charge of the library, and shall 
keep a catalogue of all the books in a book to be provided by the dis 
trict for that purpose. 

2. Every volume in a library shall have pasted on the inside of the 
cover a printed label, giving the name of the district; the number 
of the volume; the fine for not returning it within the specified time, 
and for the loss of or injury to any book. Blanks for this purpose will 
be furnished to districts upon application to the state superintendent. 

3. Every volume loaned shall be entered by the librarian in a book, 
to be provided by the district for that purpose, by its number, v/ith 
the day on which it was loaned; the name of the borrower, and the 
name of the person to whom it is charged (see regulation 5); the date 
when returned, and condition of the book; the fine assessed for deten- 
tion, or injury done to the book in the following form: 



Time 

of 

delivery. 


Number 

of 

book. 


To whom 
delivered. 


To whom 
charged. 


When 
returned. 


Condition 

of 

book. 


Fine for 
detention. 


Fine 

for 

injury 


1900 


41 


Jno.Ward 


W. Green. 


June 2t. 


Good. 













4. No person shall be allowed to have more than one volume at a 
time, or to retain it longer than two weeks; nor shall any person 
who has incurred a fine imposed by these regulations, receive a book 
while such fine remains unpaid. 

5. Books may be loaned to minors and charged to their parents, 
guardians, or other persons with whom they reside, who shall be 
responsible for the books under these regufations. 

6. On the election of a librarian, his predecessor shall, within ten 
days thereafter, deliver to him all the printed and manuscript books, 
pamphlets, papers, cases, and all other property belonging to the li- 
brary which is in his custody, for which the librarian shall give 
him a full receipt, discharging him from all responsibility therefor 
except in the case herein provided; and on receiving the library prop- 
erty, the librarian shall carefully examine all books, etc., and if any 
loss or injury shall have been sustained, for which- a fine has not 
been imposed by his predecessor, or for which a fine has been im- 
posed and not certified by him to the treasurer, the librarian shall 
certify the amount thereof to the treasurer, who shall collect the 
same of such predecessor in the same manner as other fines are col- 
lected. 

7. In case of vacancy in the office of librarian, the district clerk 
shall perform the duties of librarian until the vacancy is filled. 

8. If any person, having held the office of librarian, shall neglect 
or refuse to deliver to his successor all the library property, as pre- 
scribed in the sixth regulation, the director shall forthwith commence 
an action in the name of the district board for the recovery of the 
property he shall so neglect or refuse to deliver, 

9 



130 SCHOOL LAWS OF WISCONSIN. 

9. On the return of any book to the library, the librarian shall ex- 
amine it carefully, to ascertain what injury, if any, has been sus- 
tained by it, and shall charge the amount of the fine accordingly; 
and in every case of injury not specified in these regulations, he shall 
assess the amount of damages to be paid, subject to revision by the 
district board. 

10. The following fines are established by the state superintendent, 
viz.: 

1st. For detaining a book beyond two weeks, five cents per week. 

2d. For the loss of a volume, the cost of the book; and if one of 
a set, an amount sufficient to replace it, or to purchase a new set. 

3d. For a leaf of the text torn but or lost, or so soiled as to ren- 
der it illegible, the cost of the book. 

4th. For any injury beyond ordinary wear, an amount proportionate 
to the injury, to be estimated by the librarian. 

5th. "Whenever any book shall not be returned within six weeks 
from the time it was loaned, it shall be deemed to be lost, and the 
person so detaining it shall be charged with its cost in addition to 
the weekly fine for detaining the book, up to the time such charge 
is made. Eut if the book is finally returned, the charge for loss shall 
be remitted; and th'e fine for not returning the same be levied up 
to the time of such return; provided, that in no case shall tiie amount 
of weekly fines exceed double the cost of the book. 

11. On the third Monday of August, November, February and May, 
and also immediately before he vacates his office, the librarian shall 
report to the district treasurer the name of every person liable for 
fines, and the amount each such person is liable to pay; and the treas- 
urer shall give the librarian a certificate of the same, and immediately 
proceed to collect the same, and if not paid shall so certify to the 
director, who shall forthwith bring an action in the name of the dis- 
trict board for the recovery thereof. 

12. All library fines shall be paid to the district treasurer, who 
shall keep account of the same, and shall report thereon to the annual 
district meeting, giving the name of each individual fined, the amount 
of the fine, and the sum total of all fines, which report shall be re- 
corded by the clerk; and the district treasurer shall be responsible 
for all fines uncollected through his neglect. 

13. On the first day of July in each year, the librarian shall report 
to the district clerk as follows: 

1st. The number of volumes in the library; ' 
2d. The number of volumes purchased during the year; 
3d. The number of volumes presented during the year; 
4th. The number of volumes loaned during the year (counting each 
volume once for each time it is loaned) ; 
5th. Amount of fines collected; 
6th. Amount of fines expended. 

14. The library fines collected must be first applied to the replacing 
of lost volumes,- binding pamphlets, and rebinding such books as may 
require it. 

15. In case of joint libraries, the reports reouired above shall be 
made to the officers of the district in which the library is located. 

Township libraries. Section 1. (Section 4SGa, Stntutos of 
1898, as amended by Chapter 2Y2, LaAvs of 1899, as amondod 
by Chapter 417, Laws of 1905.) .Section 486fl. The treas- 
urer of every county in this state shall withhold annually from 



LIBRARIES. 131 

the apportionment received from the school fund, or other in- 
come for school districts, an amount equal to ten cents per 
capita for each person of school age residing in the county, 
said money to be expended for the purchase of library books, as 
hereinafter provided.' Between the first days of April and 
September of each year the county or district superintendent of 
schools shall provide for the expenditure of all moneys withheld 
by the county treasurer for the purchase of library books, said 
books to be selected from the list prepared by the state superin- 
tendent and to be distributed among the districts under his 
supervision in proportion to the amount of money withheld 
from each. It shall be the duty of the county or district super- 
intendent to procure a list of books now in the library of each 
school district and to arrange such lists by districts and. towns 
in numerical and alphabetical order. When such lists have 
been obtained, the county or district superintendent shall make 
a selection for each school district under his supervision, the 
books to be taken from the lis1; prepared by the state su])erin- 
tendent. It shall also be his duty to furnish each town clerk, 
village clerk and clerk of cities of the fourth class with a list of 
the books designated for each district. The county or district 
superintendent shall also certify to the county clerk the names 
and numbers of the books selected for eacl> town, village, or 
city of the fourth class under his supervision, the price fixed in 
the list issued by the state superintendent to be attached in each 
case and the total cost of such books to be correctly summarized 
and indicated. A duplicate copy shall be furnished to the com- 
pany or firm selected by the state department or commissioned 
to furnish the books, periodicals, etc., for township libraries. 
The company or firm shall upon receipt of the list from the 
county superintendent fill the order for each town, village or 
city of the fourth class, as directed, said order when so filled to 
be sent to the town, village or city clerk. The town, vilhige or 
city clerk shall immediately upon the receipt of the books from 
the company or firm com])are the order so filled with the list in 
his possession and shall immediately repoi^t to the county oi 
district superintendent. If such report is satisfactory, the 
county or district superintendent shall notify the county clerk 
to draw an order upon the county treasurer for the cost of the 
books so furnished to each town. It shall be the dnty of the 
county treasurer to issue a draft in favor of the company or 
firiu for the amount so certified. The board of directors of 
any free. public library and the school board or the board of edu- 



132 SCHOOL LAWS OF WISCONSIN. 

cation of any school district, town, village or city in which a 
free public library is provided for and maintained, may make 
sncli exchanges and loans of bool-:s as said otHcers shall agree 
upon for the purpose of increasing the efficiency of both li- 
braries and insuring the best service to the schools and all citi- 
zens. The state superintendent shall have authority to suspend 
the operation of this act in any school district^ town, village or 
city Avhich shall maintain a free public library by giving due 
notice of such suspension to the clerk of such school district, 
town, village or city. 

This chapter takes effect Jan. 1, 1906. Cities of the fourth class 
(cities having a population of 10,000 or less), and all villages are 
within the provisions of this law. 

Committee to make contracts with firm or dealer. Section 1. 
(Chapter 243, Laws of 1905.) The state superintendent of 
public instruction, the secretary of the Wisconsin free library 
commission and the attorney general are hereby constituted a 
committee whose duty it shall be to secure bids and make con- 
tracts with some responsible dealer or firm for the purpose of 
securing prompt and efficient service in supplying books and 
periodicals to the schools of the state under the provisions of the 
township library law. 

Section 2. Whenever the list of books for township li- 
braries prepared by the state suprintendent under section 486a, 
statutes of 1898, is completed, typewritten copies thereof shall 
be furnished to dealers or firms making applications therefor. 
The committee shall enclose with each copy of the list so sent 
out a clear and complete statement of the conditions under 
which the books and periodicals are to be supplied ; the date 
on which the bids must be placed on file and opened and give 
such other information as may be necessary to insure a clear and 
unquestionable understanding on the part of -all parties con* 
cerned. 

Section 3. The committee shall require from each dealer 
or firm makiug a bid a deposit of $1,000 with the state treas- 
urer as an evidence of good faith, said sum to be returned as 
soon as the successful bidder is determined, provided that the 
sum deposited by the successful bidder shall not be returned un* 
til the bond required by the committee conditioning a faithful 
performance of the terms of the contract is filed with the secre- 



LIBRARIES. , 133, 

tary of state. In case the successful bidder shall fail or refuse to 
file the bond required by the contract the $1,000 deposited with 
the state treasurer shall become forfeit to the state and there 
shall be no recovery thereof. 

Section 4. The committee shall require a bond from the 
successful bidder in the penal sum of $10,000 with good and re- 
sponsible sureties for the faithful and reasonable performance 
of the terms of the contract, said sum to become forfeit to the 
state in case of failure. 

Section 5. As soon as the successful bidder has been de- 
termined, all officers upon whom shall fall the duty of pur- 
chasing the books for township school libraries shall be notified 
in a circular setting forth the conditions under which the books 
are to be furnished, the name and address of the successful bid- 
der and a statement to the effect that no mone}^ withheld from 
the common school apportionment for the purchase of township 
library books shall be used in the purchase of books or periodi- 
cals from any other dealer or firm. 

Section 6. After a contract has been entered into by the 
committee on the part of the state it shall be deemed a misde- 
meanor punishable by fine to the amount of costs and the money 
expended, for any person or officer authorized by law, to make a 
jDurchase of books for township libraries with money withlield 
from the annual apportioinhent of the school fund income from 
any dealer or firm other than the dealer or firm named in the 
contract. 

Librarian and records. Section 48 6&. Unless the school dis- 
trict shall at the annual meeting elect some other person librar- 
ian, the clerk shall act as librarian and receive and have the care 
and custody of the bjDoks so distributed to the district, and shall 
loan them to teachers, pupils and other residents of the district 
in accordance with the regulations prescribed by the state su- 
perintendent. The clerk shall keep a record of the books re- 
ceived from the town clerk in a book furnished b-y the state su- 
perintendent through the town clerk ; but during the time>- 
school is in session the library shall be placed in the school 
house and the teacher shall act as librarian under the super- 
vision of tke clerk or of the librarian elected at the annual 
meeting. Tlie state superintendent shall furnish to each town 



134 SCHOOL LAWS OF WISCONSIN. 

clerk suitable record books for liis use and the use of the several 
clerks in his to^^^l. 

Farm bulletins. Sectioist 486c. The superintendent of agri- 
cultural institutes shall deposit with the state superintendent 
a sufficient number of copies of the bulletins of such institutes 
to supply every public school library with one copy of each 
edition thereof, which bulletins the state superintendent shall 
send to the various town clerks, who shall distribute them to 
(Bucli libraries in their respective towns, from which they shall 
be loaned in like manner and under the same regulations pre- 
scribed for the loaning of books therein. 

Librarian under township system. Section 4:8Qd. In towns 
having the township system of school government, all duties 
P'rescribed for the town clerk in regard to township libraries 
shall be performed by the secretary of the town board of school 
directors. 



SUGGESTIONS TO SCHOOL OFFICERS. 

The main objects, of school libraries are to aid the ter^.^hers and 
pupils in extending' and giving freshness to the regular studies of the 
schools and to train the childr?n to read and enjoy good books. To 
secure these results the books should be kept in the school rooms dur- 
ing the term time except when loaned by the teacher. 

Each district board should provide a secure case, with lock and key, 
for keeping the books clean and safe, when not in use. This case 
should be kept clean and free from dust. The books, except very 
heavy ones which should lie on their sides, should stand upright on 
the shelves. The binding and stitching of books are injured and their 
general appearance marred by standing "lopsided." 

The teachers should receive the strongest support from the school 
district officers in their efforts to properly care for the books. 

The district librarian should keep in the record book an accurate 
account of all morieys collected from fines and penalties for deten- 
tions, injuries and losses of library books, and sums so collected should 
be paid by him to the town clerk, and by the town clerk to the county 
treasurer, to become' a part of the township library fund, and if not 
paid to him in full, he should retain the amount so due from each dis- 
trict, from the aniiount of public school money to which such district 
is entitled as its share of the appprtionment of the school fund income; 
the amount so retained to be added tO' the sum annually withheld for 
township library purposes for such district, and expended in the pur- 
chase of books for the ensuing year. 

RULES FOR PUBLIC SCHOOL LIBRARIES. 

The following regulations for the management of public school li- 
braries have been prepared by the state superin'^sndent. The labels 



< 



LIBRARIES. 



185 



for pasting in each volume, giving the rules for loaning, can be ob- 
tained, on application, from the state superintendent. The regulations 
should be entered at length upon the records of the town: 

1. The town clerk shall distribute all hooks purchased for public 
school libraries among the several school districts of the town. 

2. Before any distribution shall be made of any books purchased 
for public school libraries, the town clerk shall cause to be pasted on 
the ins.de of the cover of each volume, a printed label giving the name 
of th,, town to which the book belongs, the county in which the town 
is located, the number of the volume, and. the regulations prescribed 
by the state superintendent relating to tha loan of the same, and the 
fines for detention, injury or loss of the volume. 

3. 'ihe distiict clerk, or the librarian el;.cted by tlT,e district, shall 
be the custodian of the books distributed to the district, shall loan 
the same to persons residing in the aistrict, collect ail fin;s incurred 
for detentiors, injuries and losses of books, prescribed by the state 
superintendent, keep an accurate a.ccount of and pay over the same 
to the town clerk as required, and shall deliver to his successor in ofilce 
all books, papers and property of every '^sscription belonging to the 
town and to the public school library thereof, within ten days after the 
election or appointment of such successor. 

4. The district clerk or librarian shall keep a catalogue of the books 
delivered to him by the town clerk. In connection with his annual 
rejport, the district clerk shall report the num^ber of volumes, tne 
amount of fines collected, and the condition of the library on the 30th 
day of June, to the town clerk. Wherever a suitable place for the 
safei keeping of books can be provided by the district board the dis- 
trict clerk or librarian should place the library in the school-room, 
during term time, under the care and management of the teacher. 
The librarian shall give out and received books on such days as the 
school board may direct, under the following rules; 

I. The teacher of the public school shall, while the school is in 
session, receive from the library such number of volumes as may be 
needed for use in the instruction of pupils and classes, shall be re- 
sponsible for the books drawn for that purpose and may loan them to 
pupils. 

II. No individual, except the teacher of the school, shall have from 
the library more than one volume at a time. Books may be loaned 
to minors, and the record account shall be kept with the parent, guar- 
dian or person with whom such minor resides. 

III. No volume shall be retained longer than two weeks under pen- 
alty of a fine of ten cents for the first week of such detention, and five 
cents for every week thareafter. The librarian shall report monthly 
all delinquencies to the school board. 

IV. Fines shall be assessed for injuries to books as follows: 

1. For an injury beyond ordinary wear, an amount proportionate to 
the injury, as estimated by the librarian. 

2. For the loss of a volume, the cost" of the book; and if one of a 
set, an amount sufficient to replace it, or to purchase a new set. 

3. No person having incurred a fine shall be permitted to take books 
from the library until the fine is paid. 

V. The district clerk or librarian of each school district shall keep 
a record of all books loaned, in a book provided for that purpose, 
which shall show the name of the person to whom the volume is 
loaned, the catalogue number of the volume, the date of the loan, the 
date of return, and the amount of fine, if any, imposed and assessed 
by the librarian, for any detention, injury or loss of any book, and 



136 



SCHOOL LAWS OP WISCONSIN. 



the date at which said fine was paid. The record shall be kept in the 
following form: 



Name of Borrower. 



No. of Book. 



Date of Loan. 



Date of Eeturn. 



Fine. 



VI. Books may be loaned to minors and charged to their parents, 
guardians, or other persons with whom they reside, who shall be re- 
sponsible for the books under these regulations. 

VII. On the return of every book to the library the librarian shall 
examine it carefully to ascertain what injury, if any, has been sus- 
tained by it, and shall charge any fine that may have been incurred by 
such injury, or by cTetention or loss of any book as provided in the 
rules. 



JUDGMENTS AGAlNSl' SCHOOL DISTRICTS. 137 



XI.-THE COLLECTION OF JUDGMENTS 
AGAINST SCHOOL DISTRICTS. 



Execution. Section 487. 'No execution shair issue on any 
judgment against a scliool district except upon leave of the 
court upon motion after the failure of the remedies provided 
in these statutes. 

Method of collection. Section 488. Whenever a final judg- 
ment shall be obtained against any school district the judgTiiient 
creditor, his assignee or attorney may file with the town, city or 
village clerk a certified transcript of such judgTaent or of the 
docket thereof, together with his affidavit showing the amount 
due thereon and all payments, if any, and that the judgment 
has not been appealed fromi or removed to another court, or if 
so appealed or removed has been afiirmed; and thereupon such 
clerk shall assess the amount thereof, with interest from the 
date of its rendition to the time when the warrant for the col- 
lection thereof will expire upon the taxable property of such 
district, placing the same in a separate column on the next tax 
roll; and the same. shall be collected and returned as town taxes 
are and paid to the party entitled thereto. In case of a judg- 
ment against a joint district, a transcript and afiidavit as afore- 
said shall be filed with the clerk of each town, city or village 
in which any part of the district is situated, and such clerk shall 
assess on the taxable property of the part of such district situ- 
ated in his town, city or village the same proportion of the 
whole amomit, with interest as aforesaid, as is assessed on such 
part for the other district taxes in such year. Such proportion 
may be ascertained by the certificate of the district clerk or 
the certificate of the several tov^m, city or village clerks inter- 
ested to each other, showing the amount of other district taxes 
certified by the district clerk to each town,, city or village clerk. 
Whenever for any cause the amount which ought to be assessed 



j[38 SCHOOL LAWS OF WISCONSIN, 

on any sucli district or part of district, as above provided, sluill 
not be so .assessed in tlie next tax roll after tlie filing of such 
transcript and affidavit, sucli clerk sliall assess the same on the 
next or any subsequent tax roll \yithin two years thereafter. 

Effect of appeal. Section 489, Whenever an appeal shall 
be taken from such judgment against a district and a transcri])t j 
thereof and affidavit shall have been filed as above provided, I 
the directoT may file a certificate of sueh appeal with the town, 
city or village clerk, and thereupon he shall suspend the assess- 
ment of such judgment until the determination of such aj)'peal. i 
If such judgment be thereafter affirmed, on proof thereof byj 
certificate of the clerk of tile appellate court, the town, city or I 
village clerk shall assess the same, with interest, in the next taik ! 
roll. 

The property belonging to the district is not liable to levy or sale 
upon an execution. Under the rendition of any judgment against a 
school district, a transcript of the same is to be filed with the town 
clerk, or, if the district be a joint district, with the clerk of each - 
town in which such district is in part situated. The town clerk is 
then required to assess the amount of the judgment, with interest 
thereon, in a separate column, in the next assessment roll, and the 
tax, when collected, shall be paid to the party entitled thereto. 



t^REB HIGH SCHOOLS. y^^ 



XII.-FREE HIGH SCHOOLS. 



How establislied. Section 490 (as amended by Chapter 
258, Laws of 1905). Any town, village or city school district 
or sub-district which contains within its limits an incorporated 
village or which has a graded school of not less than two depart- 
ments may establish and maintain not exceeding two high schools 
in the manner and with the privileges herein provided ; but no 
such schooh shall be established or maintained unless twenty- 
five persons of school age, resident of the town, city or village 
or school district, or sub-district, pass a satisfactory examina- 
tion in the branches required to be taught in the common school 
and .are prepared to begin a high school course. The question 
of establishing such schools may be submitted by the town, dis- 
trict, sub-district, village board or common council to the legal- 
ly qualified voters at any annual or special meeting or election 
upon written resolution therefor proposed for adoption ; pro- 
vided that ten days' notice of such purpose embodying such reso- 
lution be given by posting five copies thereof in five different 
])ublic places in such town, village, city, school district or sub- 
district, or by publishing such notice in any newspaper pub- 
lished in any such town, village, city, school district or sub- 
district, ten days prior to the time set for holding such meeting. 
In the case of a sub-district the meeting may be called by 
the clerk thereof. The vote shall be taken by ballot and can- 
vassed according to the statutes for conducting elections in snch 
municipality, those ballots in favor being written , or printed 
"for high school," those opposed, "against high school." If the 
resolution be adopted such town, district, sub-district, village 
or city shall constitute a high school district. But this section 
shall not apply to high schools already established. ISTo action 
heretofore taken by any town, village, city, school district or sub- 
district in voting to form a high school or joint high school shall 



14:0 SCHOOL LAWS OF WISCONSIN. 

be invalid by reason of any defect in the form of notice given 
or the time such notice shall have been given, posted or pub- 
lished ; but all steps heretofore taken by any town, village, city, 
school district or sub-district in forming a high school or joint 
high school are hereby validated, and declared to conform to 
law. 

Joint hig'h school districts. (Chapter 345, Laws of 1903, 
amending Section 491, Statutes of 1898, as amended by Sec. 1, 
of Ch. 57 of the Laws of 1899, and also amending Section 492 of 
the Statutes of 1898.) Section 491. Two or more adjoining 
towns or school districts, or one or more towns or school dis- 
tricts and an incorporated village or city, when the same to- 
gether will make a district of contiguous territory, may unite 
in establishing and maintaining any such high school. The 
resolution proposing the sam€ shall be approved and submitted 
and the notice of election signed by at least a majority of the 
supervisors of each town, the directors of each school district, 
the common council of such city and trustees of such village, 
if any, and the election shall be notified and conducted in each 
town, school district, city or village as provided in the preced- 
ing section. Such resohition shall not be adopted unless a 
majority of the votes cast, in each such town, school district, 
city or village, be in favor thereof. The votes sb^ill Iw "mv 
vassed at the first election, and all subsequent elections in the 
several towns as at town meetings, in the several school dis- 
tricts as at annual school district meetings, in the city, if any, 
as at a charter election, and in the village, if any, as at vil- 
lage elections ; and the supervisors of the several towns, direct- 
ors of said school districts, common council of such city and 
trustees of such village shall^ within one week after such elec- 
tion, meet and canvass the votes and certify the result to the 
town clerk of each town, the clerk of each school district, the 
clerk of such city and to the village clerk of such village. If 
such resolution be adopted, the town, or towns, school district 
or school districts and city and village, so voting, shall con- 
stitute a joint high school district. The creation of a new 
town or incorporation of a village out of the territory included 
in a free high school district shall not dissolve nor otherwise 
affect such district but such towns or town and village shall 
thereafter constitute a joint high school district. A towm 
school district, incorporated village or city coutiguous to a 
free high school district may become joint wdtli such district 



FREE HIGH SCHOOLS. 141 

upon the approval and submission of a resolution proposing 
the same and the terms thereof, and notice of election signed 
by a majority of the supervisors of each town, directors of each 
school district, common council of each city, and trustees of 
each village, if any, to be affected and the adoption of such reso- 
lution by a majority of all the votes cast in each such town, 
school district, city or village, the election to be had and the 
result canvassed and determined in the manner provided herein 
for the organization of a joint high school district in the first 
instance. 

• Certificate. Section 491a. (Statutes of 1898, as amended by 
Chap. 214, 1899, as amended by Chap. 345, Laws of 1901.) 
Whenever a free high school shall have been^ established and 
maintained as provided in sections 490 and 491 for at least 
three months, and the proper board shall have made the report 
required by section 496 in order to obtain the aid furnished by 
tbiC state in maintaining free high schools, they shall append 
thereto a certificate that such school is established and main- 
tained in. a' district composed of a town; of a town and an in- 
corporated village within the to^vn; of two or more towns; or 
of two or more towns and an incorporated village in one or in 
each of them. 

State aid. Section 491&. (Statutes of 1898, as amended by 
Chap. 214, Laws of 1899, as amended by Chap. 345, Laws of 
1901.) Upon receiving the reports and appended certificate pro- 
vided for in section 496, it shall be the duty of the state super- 
intendent to make a separate and distinct class of the schools 
thus establislied and maintained in the districts designated in 
section 491a as amended by this act, and each such school shall 
be entitled to receive from the general fund of the state, annu- 
ally, one-half the amount actually expended for instruction 
therein ; and said superintendent shall fix the amount to be paid 
to each of said high schools and certify the same to the secretary 
of state at the time and in the manner he is now required to fix 
and certify to him the amount to be paid to high school districts. 
On such certificate, at any time after the first day of December, 
the same shall be paid to the district treasurer out of the state 
treasury; but the whole amount so paid shall not exceed twenty- 
five thousand dollars in any one year to this class of free high 
schools, and if more is demanded by such districts they shall be 
paid proportionally. The secretary of state shall annually in- 



l^^ SCHOOL LAWS OF WISCONSIN. 

elude and apportion in the state tax all such sums as shall lia\;' 
been so paid, in addition to the amount authorized to be paid in 
aid of free high schools by section 496 and in addition to all 
other sums to be levied for the year. 

Section 491c. (Chapter 174, Laws of 1905.) It is hereby 
made the duty of the town, village, city or school district board 
to submit any resolution proposed in pursuance of section 491 
as amended by section 1 of chapter 57 of the laws of 1899, as 
amended by section 1 of chapter 345 of the laws of 1903, to the 
voters of such town, village, city or school district upon the filing 
with said board of a petition in writing, praying for such sub- 
mission, signed by at least ten per cent of the qualified electors 
who voted at the last preceding gubernatorial election in sucli 
town, city, village or school district. 

This law strikes out the words 'in towns or in towns or villages 
where no graded school exists" so that hereafter high school districts 
comprised of an entire town or of two or more towns will share in 
greater proportion in the free high school apportionment than here- 
tofore in those cases where there are "graded" schools in the town high 
school district. 

By this act an annual appropriation of not more than twenty-fiv? 
thousand dollars is made to encourage the establishment and main- 
tenance of free high schools in towns where the high school district 
is comprised of one or more towns. 

This was the principal purpose of the first act proffering aid to free 
high schools. But few of these places took advantage of the assist- 
ance thus tendered, and the remainder of the appropriation is now 
devoted to the high schools established in connection with graded 
schools. 

In organization, management, and methods Of application for aid, 
these, schools will conform to the law heretofore existing in relation 
to free high schools. 

Six dTfferent organizations are authorized to establish and maintain 
free high schools, to-wit: a town, two or more towns, an incorporated 
village, an incorporated village and adjoining town, a city and a school 
district containing a village or a graded school of two departments. 

The first step in organizing any one of these schools is the posting 
of notices of a purpose to vote on the question of the adoption, of the 
system as specified in form 49 of this code. The town board, villag,^ 
board, district board, or the common council of the city, must notify 
the electors of a purpose to hold an election for voting on the resolu- 
tion that is reicited in the notice. When two or more towns purpose 
to unite in establishing a free high school- at least two members of 
each board interested mus't sign the notices. 

The second step is to take a popular vote by ballot and if a ma- 
jority of the ballots cast read ' For high school," the resolution must 
be declared carried and the action should be recorded. A director, a 
treasurer and a clerk should be elected in conformity to Sec. 492. But 
in single districts, the district board becomes ex-offlcio the free high 
school board, and in cities that are under the jurisdiction of county 
superintendents, the board of education likewise becomes the free high 



FREE HIGH SCHOOLS. " 143 

scliool board. When two or more towns unite in forming a free higli 
school district a special election of fre'fe high school officers must be 
held subsequent to the vote on the organization of the high school. 
Due notices of such election must b.e posted by the respective town 
boards. 

; District officers. Section 492. (Statutes of 1898, as amended 
by Chapter 329, Laws of 1905, amending Chapter 345, Laws 
of 1903.) The officers of each free high school district shall 
be a director, treasurer and clerk, whose terms shall be each 
three years beginning with the annual town meetings,, and until 
bis successor shall have been chosen; provided that at the first 
election the clerk shalLbe cliosen for one year, the treasurer for 
two years and the director for three years, and all of said of- 
ficers may be chosen first at the same election at which the ques- 
tion of establishing a high school is submitted, to take their 
offices if the resolution therefor be adopted. Thereafter such 
officers shall be elected at the annual town meeting or charter 
'election. The votes cast shall be canvassed and the result de- 
clared and certified as provided in the preceding sections. But 
in all cities not under a county superintendent which now con- 
stitute free high school districts or which shall hereafter adopt 
the resolution provided for in section 490 and become free high 
school districts, the board of education in each such city shall 
be the high school board and the city treasurer shall be ex-officio 
the treasurer of the high school district unless the board of edu- 
cation embrace a treasurer; and in all districts maintaining a 
graded school of not less than two departments whicli now con- 
stitute free high school districts or which shall hereafter adopt 
said resolution, the district board in each shall be the high school 
board and the district treasurer shall be the treasurer of the 
high school district. Whenever a sub-district shall vote to es- 
taiilish and maintain a free high school, such sub-district shall 
constitute a free high school district, shall elect a free high 
school board, the clerk for one year, the treasurer for two years 
and the director for three years ; thereafter one officer sliall be 
elected annually in place of the one whose term expires at the 
annual meeting of such sub-district, and such high school board 
shall perform all the duties and have the same authority as high 
school boards in towns or districts. The clerk shall certify all 
taxes levied for high school purposes to the town, city or village 
clerk, who shall apportion the same upon tlie taxable property of 
the sub-district, and the treasurers of suc^i municipality shall 



144 SCHOOL LAWS OF WISCONSIN. 

collect the taxes thus apportioned and pay over the same to the 
high school treasurer and return the delinquent taxes to the 
county treasurer as in other cases. Where a high school dis- 
trict consists of two or more towns or school districts, or one or 
more tov^ns or school districts and an incorporated village or 
city, the officers thereof shall be elected for the same tenns as in 
other districts by joint vote of the town boards of such towns 
or the board or boards of the school district or districts, town or . 
toAvns, and three members elected by the board of the village or 
council of the city which have united in forming such district; 
except that in all cases where the free high school district is 
composed of one town and an incorporated village only, the 
election of high school district officers shall be held at the time 
of the animal town meeting on the first Tuesday in April of 
eacli year at the usual polling places for holding such elections; ■ 
provided that in cases where such usual polling places are out- 
side the village limits and no village election is held on that day 
an additional and convenient polling place shall be provided for ■ 
Avithin the village limits. Separate ballots and a separate bal- 
lot box for- school district officers shall be provided. Tlie 
names of the candidates for school district officers voted for shall 
be printed or written on a ticket separate from the town ticket 
and the ballots cast at this election for school officers shall be 
canvassed and counted at a joint session of the canvassing 
boards of the town and village. Such town boards shall hold 
their first mooting to elect officers at two o'clock p. m. on the 
first Tnesday following the town meeting, at the office of the 
clerk of the town having the largest po]Uilation, and thereafter 
shall meet for such purpose at the same time at such place as 
may be determined upon. The first meeting of the board or 
boards of the town or towns or a school district or districts with 
the members elected by the board of an_y village (with the above 
exception) or council of any city which fornis such a district 
shall be held at two o'clock p. m. on the first Tuesday next fol- 
lowing the village or city election at the office of the clerk of such 
village or city ; all subsequent meetings shall be held at the 
same time at such place as may be determined upon. A ma- 
jority of all the. members representing such town or towns, 
school district or districts and such village board or city council 
shall be necessary to constitute a quorum. The secretary of the 
meetings of such boards shall c?rtifv the names of the officers 
of the district elected thereat to all the clerks of the towns, 



FREE HIGH SCHOOLS. 145 

school districts, village or city in the district. The officers so 
elected shall have the same authority, be charged with the same 
duties and be under the same liabilities as other officers of such 
districts. 

The amendments to this chapter are for the purpose of making clear 
the relations existing between an incorporated village or a city and the 
outlying town or towns in cases where the free high school district is a 
joint school cl'^Lrict. 

High school board— Township system. Chapter 253, laws of 
1901. SECTioisr 1. (492(^.) The town board of school directors 
in any township now organized or which may be hereafter or- 
ganized under the township system of school government, shall 
be and is hereby constituted the free high school board for the 
town as a free high school district. In such cases the secretary 
of the town board of school directors, shall be es-officio clerk, 
the president of the board shall be ex-officio director, and the 
town treasurer shall be ex-officio treasurer of the free high school 
board of said district. Said board is hereby authorized to per- 
form all and singular the duties prescribed by law for free high 
school officers and boards, a,nd the function and duty of free 
' high school boards heretofore organized and acting as such 
in a free high school district consisting of a town having the 
township system of school government, shall cease and be of no 
effect on and after the lawful surrender of records, papers, mon- 
eys and other property as hereinafter provided. The records 
and accounts of the board created by this act shall be kept sepa- 
rate and distinct from the records and accounts which the said 
board are required to keep as a town board of school directors. 
The free high school board in any existing free high school dis- 
trict composed of a single town organized under the township 
system of school government, is hereby authorized and directed, 
immediately upon the passage of this act, to deliver to the care 
and custody of the free high school board herein provided for in 
such cases, all records, papers, money, and other property of the 
free high school district, and the free high school board herein 
]>rovided for shall accept the caxe and custody of such recordo. 
paiDers, money, and other property and use them for and in be- 
half of the free high school district in conformity to law. 

Officers' duties; other statutes apply. SECTioisr 493. Such of- 
ficers shall constitute the high school board, and shall conduct 
the affairs of the high school district on the same general plan 
provided for a school district, and possess, with respect to such 

10 



146 SCHOOL LAWS OF WISCONSIN. 

high school district, all the powers and be charged with all the 
duties confeii-ed and imposed by these statutes on the district 
officers and district board of a school district applicable to such 
high school district; the treasurer shall give a like bond, to be 
approved and, filed in a similar manner. The high school dis- 
trict clerk shall miake a similar report to that required bj section 
462, omitting the first subdivision. The board may grade such 
school and establish the branches of study to be taught therein, 
imdor the advice of the state superintendent. Every forfeiture 
and punishment for neglect or violation of duty in a school. dis- 
trict officer shall- apply to a high school district officer for like 
neglect or violation. The reports of free high schools in cities 
not under a county superintendent shall be included in the re- 
ports from such cities to the state superintendent. 

The officers, if elected, are to bear the same names and are elected 
for the same terms as like officers in school districts. In cities inde- 
pendent of the county superintendent, the board of education, — and in 
single districts, the district board, or under the tov.'nship system the 
town board of school directors becomes the free high school board, 
without action on the part of the people at the time of voting on the 
adoption of the system. 

The duties of the several officers and of the boards are similar to 
those of district officers and boards. The clerk is to report directly 
to the county superintendent, but in cities independent oT uiat officer, 
the report must be made by the city superintendent or by the board of 
education, and incorporated in the report of other matters to the 
state superintendent. Section 496 provides for a financial report to : 
be made in duplicate for each free high school directly to the state 
superintendent. 

Schools free ; teachers' qualifications. Section 494. All such^^ 
high schools shall be free to all pupils resident in the district. I 
Every principal of such school shall, in addition to his qualifica- ' 
tions as teacher of a common school, be a- graduate of some uni- 
versity, college or normal school, hold a state certificate or pass 
an examination in the studies requiTed to be taught in any such ' 
scliool ; provided, the state certificates autliorized by law and tlia 
certificates authorized by section 49 Ga shall qualify their holders 
both as principals and as teachers of conunon schools ; and each I 
principal and assistant teacher in a free high school shall be eli- ) 
gible to teach only on approval of his certificate by the state su- ' 
perintendent ; and the high school board or boards of education 
having charge of such schools shall detenuine, with the advice 
and consent of such superintendent, the course of study and. min- 
imum standard of qualification for admission to the same. 

The state superintendent will require each assistant in such schools 
to furnish evidence of his qualifications to teach every branch assigned 



FREE HIGH SCHOOLS. ^ 147 

him in the school course. Every assistant in a free high scliool who 
does not hold a state certificate or a countersigned diploma should 
therefoi-e secure the superintendent's approval of his qualifications be- 
fore the beginning of the fall term of school. Only thus can he make 
a legal contract, or the school be entitled to the aid provided by law. 
Each assistant should send to the state superintendent a local certifi- 
cate that includes all the branches he is required to teach, and which 
continues in force during the time for which he wishes his certificate 
to be approved. Should he desire to teach branches that are not in- 
cluded in the highest certificate that the local authority is authorized 
to issue, the state superintendent will provide for his examination iii 
such topics. 

Diplomas and standings from reputable colleges and state normal 
schools not in the state will receive due credit, if accompanied by 
proper local certificates. (See countersignature of diplomas.) 

Residents of towns and villages without free high schools may 
attend free high schools in other districts — Tuition, how paid. 
(Chap. 329, Laws of 1903, amendatoTj of CH. 188 ox the Laws of 
1901.) Section 1. The free high school board of any free 
high school district organized under the laws of this state, shall 
admit to the high school under its control, whenever the facili- 
ties for seating and instruction, will warrant, any person of 
school age prepared to enter such school, who may reside in any 
town or incorj)orated village, but not within any free high school 
district, and who shall have completed the course of study in 
the school district in which he resides, or one equivalent thereto. 
L-*ersons so admitted shall he entitled to the same privileges and 
be subject to the same rules and regulations as pupils of the 
school who are residents of the free high school district. 

Tuition fee, statement of. SECTioisr 2. Whenever persons, 
not residing in any free high school district and having com- 
pleted the course of study in the school district in which they 
reside, or one equivalent thereto, as herein provided, enter 
any free high school, the free high school board of that district 
shall be entitled and is hereby authorized to charge a tuition 
fee for such pupils not to exceed fifty cents per week. On 
or before the first day of July in each year, the secretary of 
the free high school board shall make a sworn statement to the 
clerk of the city, town or village from which any person may 
have been admitted to. said free high school. Siaid statement 
shall set forth the residence, name, age and date of entrance 
to such school, and number of months' attendance duriiig the 
preceding school year of each person so admitted from such 
city, town or village; this statement shall show the ainounc 
of tuition which, under the provisions of this act, the district 
is entitled to receive for each person reported as having been 



148 SCHOOL LAWS OF WISCONSIN. 

a member of the school from such city, town or village, and 
the aggregate sum for tuition for all persons so admitted from 
each city, town or village, which statement shall he filed as a 
claim against the town, city or village where such person re^ 
sides, and allowed as other claims are allowed. 

Evidence of completion of course of study, what is sufficient. 

Section 3. The usual diploma issued by any school or school 
■district organized under the laws of the state, shall be suffi- 
cient evidence of the completion of the course of study herein- 
before mentioned, and it shall be the duty of the state super- 
intendent, in all cases where a, course of study is not already 
prescribed, to prescribe a course of study and designate what 
shall constitute a completion thereof under this act. A du- 
plicate of such dii^loma or a copy thereof duly certified as 
such, by any of the persons signing the original, shall be de-i 
livered upon request to the persons named therein, and shall 
be filed by him with tlie secretary of the free high school board ■ 
of the free high school district, upon his admission to its high 
school. A certificate fromi the county superintendent of the 
completion of such course, or that the di]:)loma hereinbefore 
refeirred to has been properly issued to the person named- 
therein, shall have the same effect as such diploma, as evidence 
of the completion of the course of study. All duplicate diplo- 
mas, or certified copies thereof, or certificates of county super- 
intendents so filed, shall be attached to the sworn statement of 
such secretary hereinbefore provided for. 

Tuition, how collected in villages. Section 4. The village 
clerk shall enter upon the tax roll of the village for the ensu-; 
ing year such sums as m,ay be due for tuition on account of^ 
residents of the village who have attended such free high schoolj 
or schools, and the amoimts so entered shall be collected when; 
and as other taxes are collected, and shall be paid when so col-' 
lected, to the treasurer of the free high school district or dis-' 
tricts, where such persons have attended the free high school,' 
or schools. ;■ 

Bow collected in towns. Section 5. The clerk of any town' 
not having within its territory a free high school district, shall : 
enter upon the tax roll of the town for the ensuing year such ; 
sums as m.ay be due for tuition on account of residents of the.: 
town who have attended such free high school or schools, and;; 
the amounts so entered shall be collected wlien and as other-] 



Free high schools. 149 

taxes are collected, and shall be paid when sO' collected, to the 
treasurer of the free high school district where such persons 
have attended the fr'ee high school ox schools. 

How collected in portion of town or city not in district. Sec- 
tion" 6. The clerk of any town or city, a poTtion of which 
constitutes or foiins a pai't of a free high school district, shall 
enter upon the tax roll for that part of the town or city, not 
within a free high school district, such sums as may be due 
for tuition on account of residents of that portion of the town 
or city, that have attended such free high school or schools, 
and the amounts so entered shall be collected when, and as other 
taxes are collected, and shall be paid when so collected, to the 
treasurer of the free high school district or districts where sucii 
persons have attended tlie free high school or schools. 

This law permits persons (a) of school age'(b) not residing in a 
free high school district, and (c) possessed of proper evidence of hav- 
ing completed a common school course of study, to attend any free 
high school in Wisconsin, where (d) facilities for instruction are suf- 
ficient, and (e) subject to the rules and regulations of such school 
and makes their tuition not to exceed fifty cents a week, chargeable to 
the town, city or village in which they reside. 

Under "(c)" above the following points are to be noted: 

1. The course of study to be completed must be prescribed by the 
state superintendent, and it is left to him to determine what shall con- 
stitute a completion thereof. The course prescribed by him is found 
in the manual for common schools. 

2. Except in city superintendent districts, all public schools except 
free high schools, are under the supervision of some county superin- 
tendent, and all diplomas issued by such schools must receive his 
sanction in order to be received as evidence that the common school 
course of study has been completed. He may insist upon examination 
in all cases, or, as in the case of a system of graded schools undei- the 
supervision of a high school principal, he may accept the certificates of 
the principal v/ithout examination. 

3. It follows, therefore, that whereas the principal, acting under direc- 
tion of the board has heretofore had the power to determine the quali- 
fications for admission, the power to do so now rests solely with the 
county superintendent. 

It would seem that in all cases where a pupil has been in attendance 
upon a free high school and has completed the' v/ork of anv year of 
said high school, the records may be taken by the county superintendent 
as sufficient evidence of the qualification of the pupil to continue high 
school work, and of his right, if he so desires, to have his tuition made 
a charge upon the town or village in which he resides. It would also 
seem that in cases where non-resident pupils complete the work in the 
8th or 9th grade in any district having a free high school, the record 
of such department may be accepted by the county superintendent as 
evidence of the fitness of such pupil to enter the high school with other 
pupils of the same class and grade, who are residents of the free high 
school district. 

4. In order that charges for tuition may be collected by a free high 
school board from the town in which any non-resident student resides, 



150 SCHOOL LAWS OF WISCONSIN. 

the secretary must, before the first day of July in each year, file a 
sworn statement with the clerk, giving residence, name, age, date of 
entrance and number of months' attendance at school of each person 
so admitted from his town, city or village, together with the amount of 
tuition charged, such charge not to exceed fifty cents per week. 

5. This statement must be accompanied by a diploma, or copy of 
diploma, or certificate from one who has signed the diploma, or a cer- 
tificate from the county superintendent. As above shown, this diploma, 
if from a public school under the supervision of the county superin- 
tendent, must have been issued by the county superintendent, or have 
received his sanction in order that it may be received as evidence that 
the common school course of study has been completed. 

When a certificate or diploma as above described, or a certified copy 
of either, has once been filed with the clerk, the law will doubtless be 
satisfied thereafter if other copies are not filed with him with the bill 
for tuition. 

Section 1 states that "persons so admitted shall be subject to the 
same rules and regulations as pupils of the school who are residents 
of the free high school district." This clearly gives the free high school 
authorities the right to examine all students and to reject any whose 
qualifications are found to be below the standard set by such school 
even though the diploma or certificate may be presented. 

Taxes, apportionment of. Section 495. The high school 
hoard shall annually, on or befoTe the second Monday in Sep- 
tember, meet and determine the amount necessary to be raised 
by tax for the support of such high school, and- certify the same 
to the proper tovm, city or village clerk; if a joint high school 
district they shall certify to the clerk of each town or to such 
clerk and the village clerk the proportionate amount thereof 
to be raised by such town or village, such proportion to be deter- 
mined according to the total valuation of all the taxable prop- 
erty therein as equalized by the boards of review, statements of 
which shall, as soon as the assessment is complete, be sent by 
the respective town or village clerks to the clerk of such district. 
Such tax shall be apportioned on the next tax roll by such clerk 
or other officer making the same, and collected and returned as 
other taxes, and paid to the high school district ti*easurer. Such 
moneys shall be paid out only on orders drawn and countei- 
sigiied as prescribed in case of school districts. Any town 
which is a single high school district may, by resolution adopt- 
ed at the annual town meeting, limit the amount to^ be raised 
for high school purposes during such year. In case of a joint 
high school district, the town boards of the several towns or of 
the town and village or towns and villages embraced may by 
joint resolution adopted by all such boards before the first day 
of July, likewise limit the amount to be raised therein. 

The certificate of the amount of tax necessary to be raised is to be 
made in September. Towns having a high school may, by vote, limit 



FREE- HIGH SCHOOLS. 151 

the amount of tax; but otherwise the amount of annual tax levy for 
this purpose is finally determined by the board. 

The taxes levied by the board of a joint free high school district 
cannot be affected by the action of the board or of the electors of any 
town in the district. If the amount to be raised is legally appor- 
tioned to the town, the clerk thereof must include it in the tax roll, 
notv/ithstanding directions from the toAvn board and the electors at 
the town meeting to the contrary. - "The refusal of one town or any 
number of towns (at least any number less than the whole), in a joint 
free high school district, to levy and collect taxes on the taxable prop- 
erty in any such town to pay its due proportion of the expenses of 
maintaining the school when such proportion has been lawfully 
ascertained, cannot disorganize or dissolve the joint district or relieve 
the clerk of any such defaulting town of the duty of inserting the 
proper sum in the tax roll of his town." State v. Lamont, SG Wis., 563. 

Providing for town free high school buildings. (CliaDtcr 
123, Laws of 1903, amending Chapter 27, Statutes of 1898, 
by the addition of a neAv section to be known as Section 496a.) 
Section 495a.. The electors of any town organized as a town 
free high school district are authorized at any annual town 
meeting o^r special town meeting, regularly called, to levy a 
tax upon the real and personal property of said town free high 
school district for the purpose of purchasing a site, erecting a 
suitable school building thereon, and furnishing said building 
with the necessary furniture, and heating and ventilating ap- 
paratus. 

This law was passed for the purpose of authorizing the electors of 
the town, assembled at some special or annual town meeting, to vote 
a tax for the purpose of providing funds for the erection and equip- 
ment of a town high school building and for purchasing a site. This 
law does not give the electors the power to select or designate the loca- 
tion of the free high school site. 

Powers of electors — Buildings for town free high school dis- 
tricts. (Chapter 351, Laws of 1905.) Section 1. Upon 
the filing with the town clerk or clerks of each town included 
in any town free high school district and with the village clerk 
of any village included therein, a petition in writing signed by 
at least ten per cent of the qualified electors of such town high 
school district as determined by the last preceding gubernator- 
ial election asking to have submitted to a vote of the electors of 
said district the question of erecting a new school building 
therein or building an addition to a school house or furnishing 
such building with necessary furniture and heating and venti- 
lating apparatus, the supervisors of the several towns and the 
trustees of any village included in any such joint free high 



152 SCHOOL LAWS OF WISCONSIN. 

school district, shall give notice of an election to be held in such 
towns or town and towns and village for the purpose of voting 
upon such question, which shall be submitted to be voted upon 
in the form of a resolution embodying the question to be sub- 
mitted and the amount of money proposed to be raised for such 
purpose upon which the electors shall vote aye or nay, and such 
resolution shall be adopted if a majority of the total vote in the 
entire joint free high school district be in favor thereof. Be- 
fore issuing notice of such election the town clerks of the several 
towns and villages if any, included in such school district, shall 
meet and determine on a time for holding such election, which 
shall be held in. each town and village upon the same day, and 
within ten days after such election shall have been had the 
clerks of the several towns and villages included in such district 
shall meet and canvass the returns of such election and an- 
nounce the result thereof and make a written report thereon and 
file the same with the clerks of the Several towns and villages in- 
cluded in such school district. Such election shall be noticed 
and conducted and the votes counted in the several towns as at 
town meetings and in a village, if any, as at village elections. 



Borrowing money. (Chap. 342, Laws of 1901.) For the 
purposes expressed in section 474 of the statutes of 1898 and 
chapter 40 of the laws of 1901, any high school district board 
is hereby authorized and empowered to borrow money whem 
ever directed by the electors of such high school district assem- 
bled at a meeting regularly called and held for that purpose, 
pursuant to the provisions of section 427 of the statutes of 1898. 
The payment thereof shall be provided for by said board by a 
tax to be raised and certified as provided in this section. 



State aid, how obtained. Section 496. (Statutes of 1898, as 
amended by Chap'. 214, Laws of 1899, as amended by Chap. 345, 
Laws of 1901.) Any high school district which shall have 
established a free high school according to the provisions of these 
statutes, and shall have maintained the same for not less than 
three months in any school year, shall be entitled to receive 
from the general fund of the state annually one-half of the 



FREE HIGH SCHOOLS. 15 3 

amount actually expended for instruction in its high school 
during such year over and above the amount required by law 
to be expended for common school purposes, but not to exceed 
in one year five hundred dollars to one district: provided, this 
limitation shall not apply to the class of high schools designated 
in section 491a, as amended by this act. To obtain such aid the 
high school board, or in cities not under a county superintend- 
ent, the president and secretary of the board of education and 
the treasurer, shall on or before the first day of J^ovember, re- 
port in duplicate to the state superintendent, under their oaths 
the amount actually expended for instruction during the pre- 
vious school year, specifying the several items thereof, with the 
date and the object of each fully. Thereupon said superin- 
tendent shall fix the amount to be paid such district and certify 
the same to the secretary of state with one of such reports an- 
nexed; provided, the state superintendent may withhold such 
certificate from any district for reasons based upon failure to 
comply with the law relating to free high schools which reason 
he shall transmit to the school board thereof on or before the 
thirteenth day of the next succeeding June. On such certifi- 
cate, at any time after the first day of December, the certified 
amount shall be paid to the district- treasurer out of the state 
treasury. The secretary of state shall annually include and 
apportion in the state tax all such sums as shall have been so 
paid. Whenever, by any neglect or omission, any free high 
school shall fail to have apportioned to it its share of state aid, 
the state superintendent may, after the time hereinbefore fixed 
for such apportionmient by him, fix an amount ten per centum 
less than; the amount which such school would have been en- 
titled to had it complied with the provisions of this section, 
and certify the same to the secretary of state with the report 
of such district annexed thereto, and the secretary of state shall 
thereupon draw his warrant for such amount or amounts 
in favor of such district. The whole amount annually paid 
under the provisions of this section shall not exceed seventy- 
five thousand dollars, and if more be demanded by such dis- 
tricts they shall be paid proportionally ; provided, that if the 
whole amount authorized to b© paid annually in aid of free 
high schools as provided by section 491& as amended by this 
act, is not demanded or expended under the provisions of that 
section then the unexpended balance of the amount therein an- 
nually authorized to be paid in aid of such schools miay be 



154 SCHOOL LAWS OP WISCONSIN. 

added to and apportioned among tlie free high schools provided 
for in sections 490 and 491; but no more than one hundred 
thousand dollars shall be apportioned to both classes of schools 
in any one year. 

5y this amendment, the appropriation heretofore allotted to the free 
high schools of Wisconsin is doubled and one hundred thousand dol- 
lars instead of fifty thousand dollars, as heretofore, is, by this act, to 
be hereaftf.^ apportioned to the high schools. 

This secLion also authorizes the state superintendent to withhold 
the state aid from any free high school district for failure to comply 
with the free high school law, and the reasons for so withholding such 
aid shall be transmitted in writing to the free high school board on or 
before the 13th day of the preceding June. This clause is designed to 
pi-otect those schools complying with the law from loss of money in 
the pro rata apportionment. 

The state superintendent is required by law to approve the qualifi- 
cations of each principal and each assistant in the free high school, 
and to approve its course of study. If deficiencies shall be known to 
exist in any school in these or other essentials for the successful work 
of the school, the state superintendent will correspond with the board 
in relation thereto. If the subjects of inquiry are found to be prac- 
tices that are in neglect or defiance of laws relating to these schools, 
the state superintendent will transmit to the free high school board 
notification of a purpose to withhold the certificate from the secretary 
of state, as provided in the amendment. 

Every free high school may share in the aid offered by this section 
if it shall have maintained a school taught by qualified teachers for 
three months of the year for which aid is sought; shall have ■estab- 
lished and maintained a course of study approved, by the state super- 
intendent; shall have expended during the year for instruction in the 
high school, exclusive of the cost of maintaining a common school, an 
amount equal to twice the sum claimed as aid, and shall report as re- 
quired by this section. 

Supervision and course of study. Section 49 6a^ (as amended 
by Chap. 439, Laws of 1901). The state superintendent 
shall prepare a course or courses of study suitable to 
be pursued in free high schools, publish the same and 
furnish the same upon application. He shall exercise such per- 
sonal supervision and make such personal inspection of the 
work of all such schools as they seem to require and the other 
duties of his office may warrant; he shall examine or cause , to 
be examined all teachers of high schools, required by law to 
pass special examinations to qualify them fo^r teaching in high 
schools, and grant certificates to such as pass examinations 
satisfactorily, which certificates shall be in such form and for 
such time as he may prescribe, and shall authorize the holder 
to teach in such special place or places, or in the whole state, 
as the qualifications of the candidate may warrant. Each 
free high school shall offer at least a twelve weeka' course of 



FREE HIGH SCHOOLS. 155 

instruction each year in the theory and art of teaching; in the 
organization, managenient, and course of study of ungraded 
schools; and in the duties of citizens in the organization and 
administration of local school systems. Such a, course of in- 
struction shall be open to all students in this school and a sat- 
isfactory standing in the work of this course shall he a con- 
dition precedent to the countersignature of a diploma held by 
a graduate of the school as provided in section 7 of this act. 
S^aid superintendent shall furnish suitable blanks for annual 
and special reports for all such schools, which shall require re- 
turns as to the nmuber, age and sex of all pupils enrolled, the 
7iumber in each class or year in the course of study, the num- 
ber pursuing English branches only, the number completing 
the course of study each year and such other statistics as may 
be deemed necessary. 

Courses of study are furnished by the state superintendent, which 
indicate the scope of the work required by this department. Such 
modifications as may be thought necessary to adapt these courses to 
local needs require the approval of the state superintendent. 

When teachers of free high schools are required to teach branches 
which are not embraced in any of the certificates which the local 
superintendents are autjiorized to issue, the state superintendent will 
provide for their examinations in such topics, but he will require 
teachers to seek certification from local examiners in all branches in- 
cluded in the first grade certificate. 

This section will also be found printed in connection with chapter 
439. 

Manual training. Section 4,9 Gh. Any board having charge 
of a free high school or of a high school having a course of 
study equivalent to the course or courses prescribed by the 
state superintendent for such schools may establish and main- 
tain a department of manual training in connection with the 
school under its management. The expense of maintaining 
such department shall be provided for in the same manner as 
other expenses of maintaining high schools, and such depart- 
ment shall be under the management, direction and control 
of such board. The state superintendent shall, so far as his 
other duties m,ay warrant, give such information and assistance 
as may seem necessary in organizing and maintaining such de- 
partments, and in arranging schemes and outlines of work ; 
and with the aid of the ins]3ector of high schools shall have the 
general supervision of all manual training departments estab- 
lished under thjs section ; shall from: time to time inspect the 
same, mjake such recommendations relating to their manage- 
mient as he may deem necessary, and make such report thereon 
as shall give full information concerning their number, char- 



156 SCHOOL LAWS OP WISCONSIN. 

acter and efficiency. The state superintendent shall establish 
a standard of qualification for all teachers in such department, 
and may grant special certificates to such applicants as are fully 
qualified to instruct in special lines of manual work, which cer- 
tificates shall be in such form, and for such time as he may pre- 
scribe, and shall be regarded as qualifying the holders thereof 
to teach in any manual training department. 

State aid for manual training department. Section 4966\, 
(as amended by Ghap. 273, Laws of 1899). Any high 
school whose course of study or outline of work in 
manual training has been approved by the state superintendent, 
and whose teacher has been qualified may, upon application, 
be placed upon an approved list of schools maintaining manual 
training departments. A school once entered upon such list 
may remain there and be entitled to state aid so long as the 
scope and character of its work are maintained in such manner 
as to meet the approval of such superintendent. On the first 
day of July in each year the clerk of each school board main- 
taining a school oir the approved list or the city suj^erintendent 
of any city where such an approved school is maintained, shall 
report to the state superintendent in such form as may be re- 
quired, setting forth the facts relating to the cost of maintain- 
ing the manual training department thereof, the character of 
the work done, the number and names of teachers employed, 
and the length of time such department was maintained during 
the preceding year. And upon the receipt of such report, if 
it shall appear that the department has been maintained in a 
satisfactory manner for a pei'iod of not less than six months 
duriiig the year, the said superintendent shall make a certifi- 
cate to that effect and. file it with the secretary of state. Upon 
receiving such certificate the secretary of state shall draw hia 
warrant for two hundred and fifty dollars payable to the treas- 
urer of the district or corporation miaintaining the school ; pro- 
vided, that the total amount expended for such purpose shall 
not exceed five thousand dollars in any year. 

This is an amendment to section 496c, of the Wisconsin statutes, 
and provides that twenty manual training departments in connection 
with high schools may be established and maintained subject to the 
approval of the state superintendent. The law formerly provided for 
but ten such schools. The appropriation remains the same, two hun- 
dred and fifty dollars to each manual training school lawfully estab- 
lished and maintained. 

This law recognizes manual training as a legitimate part of the 
work of public schools, and authorizes departments for manual train- 
ing to be maintained by taxation, as other departments of public 



FREE HIGH SCHOOLS. 157 

schools are maintained. The authority to maintain such departments, 
it will be observed, is limited to such corporations and districts as 
maintain high schools with courses of study equivalent to the courses 
prescribed for the use of free high schools. 

SCOPE OP THE WORK. 

(a) The scheme of work should cover at least two years of time, 
and should be of a character to afford advantages to both sexes and all 
classes represented in the school. 

(b) Specifically, the scheme should include instruction and exer- 
cises in free hand and mechanical drawing. 

(c) Instruction and exercises in bench work in wood — sawing, plan- 
ing, tenons, mortises, joinery, inlaid work, etc., etc. 

(d) Instruction and exercises in lathe work in wood — wood turning, 
face-plate and center turning, polishing and simple designing. 

(e) Instruction and exercises in blacksmithing — elementary pro- 
cesses of the forge — welding, forging and tempering. 

(f) Lathe work in metal — metal turning, use of machine and hand 
tools in metal work; exercises devised to develop uses of tools. 

The above lines of work may be expanded almost indefinitely, as 
facilities are provided, and the? course is extended, to include pattern- 
making, moulding, casting, etc.; by introducing exercises in wood 
carving, in the use of carving tools in ornamental line work, and the 
shaping of simple designs in low relief. Drawing, also, may be ex 
tended to include architectural drawing and designing. 

(g) Instruction and exercises in sewing — forms of stitches, piecing, 
hemming, darning, mending, patching, making. As facilities are pro- 
vided, cutting, fitting and making garments in cotton, wool and other 
fabrics may be voluntarily added. 

(h) Instruction and exercises in cooking — study of foods, dietetic 
values and combinations; uses and processes of cooking; preparation 
of common foods — soups, meat, vegetables, bread, tea, coffee, cocoa, 
cakes, pies, puddings, etc., etc. 

QUALIFICATIONS OP TEACHERS. 

It is deemed unwise at present to determine that teachers in manual 
training departments shall pass examinations in literary branches 
or mechanical proficiency. Each applicant will be judged as to fitness 
by literary and mechanical training, and upon evidence of intelligent 
apprehension of the methods, aims and purposes of manual training. 
It is to be constantly borne in mind that manual training is a form 
of education; a method by which the senses of sight, hearing, touch, 
and all muscular energy are called into activity, to cultivate precision 
and multiplicity of perception, the correlation and co-ordination of 
processes of reasoning and reflection, which result in variety and ac- 
curacy of judgment. The product of these processes is higher, 
broader mental culture, as well as mechanical skill; that the latter 
should be the sign and token of the former; and that only such as dis- 
cern this significance in manual training should be entrusted with the 
management of such departments. The manual training schools, and 
the mechanical engineering department of the university of our own 
state and those of other states, should furnish an adequate supply of 
competent teachers. For certificates and diplomas see chapter 64, laws 
of 1903, page — of this code. 



158 SCHOOL LAWS OF WISCONSIN. 



THE EQUIPMENT AND WORK REQUIRED. 

The equipment and work should be progressive. No attempt shouUl 
be made to fully equip or determine the work of the department ai 
once. Bench work and lathe work in wood, with free hand and me- 
chanical drav;ing should be inaugurated the first year. This is ail 
that will be required if sewing, cooking, and advanced worlc in metal 
are outlined in the scheme of work to be commenced not later than 
the second year. Each scheme, as presented for approval, Avill be con- 
sidered in relation to the locality for which it is designed. 

The question has arisen whether manual training should be in, 
eluded in and made a part of a definite and prescribed course of study 
m the high school. This is the practice of some schools, that have 
literary and manual training courses. But it is not deemed wise to 
require this. A limit should be made by local regulation, confining 
manual training to a maximum of four and one-half hours per week, 
per pupil, which will include the drawing. Programmes should be 
so arranged that this work can be taken without interference with 
recitations in literary courses. 



FREE HIGH SCHOOLS. 159 



XIII.-APPEALS. 



Appeals to state superintendent. Section 497. Any person 
conceiving himself aggiieved by any decision made ,by any 
school district meeting or by any town board in forming or alter- 
ing or in refusing to form or alter any school district, or by any 
other thing done by any officer or board under the provisions of 
this chapter, niiay appeal to the state superintendent. Such ap- 
peals shall be taken and heard in the nianner prescribed by him 
and he shall nuake and file his decision within thirty days after 
the hearing thereof is closed. The decision appealed from shall 
be 023erative until the same shall be reversed ; and no decision 
on appeal to said superintendent made by him after tlie lapse 
of thirty days from the time the hearing thereof is closed shall 
be effectual. 

Section 49 Ya. (Chap. 184, La.ws of 1901.) ISTo review of 
the decisions of the state superintendent on matters decided by 
him shall he had unless proceedings by certioTari or other appro- 
priate action be brought within thirty days after such determin- 
ation by him, or in cases heretofore decided by him, within 
thiiiy days after this act takes effect. 

The purpose of the comments in the preceding pages has been to 
make plain tiie application of the statutes to the management of Cae 
affairs of school districts. It should be borne in mind that the state 
superintendent can render no decision on controverted matters, with- 
out giving to all persons interested an opportunity to be heard. An 
opinion based on ex parte statements is valid only in so far as these 
statements represent fully and fairly the facts in the case. 

The law commits the formation and alteration of school districts 
and the managem.ent of public schools to the local boards and com- 
munities in which they are situated. A multitude of facts, pertinent 
to a wise direction and control of school-district affairs, are known 
by, or are easily accessible to the local Pixthorlties, which are obtain- 
able, if at all, only v/ith very great difTiculty by a distant tribunal., 
Where the local boards and communities are guided by a single pur- 
pose to subserve the public good, it will seldom be found necessary 
to take the ajrpeal for which the section provides. It often happens, 



160 SCHOOL LAWS OF WISCONSIN. 

however, that the best interests of schools are sacrificed to local feel- 
ing or to personal interests. Persons aggrieved by such action may 
appeal to the state superintendent, but in doing so the following rules 
must be observed: 

RULES RESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the state superintend- 
ent, and sig'ned by the appellant, but no particular form of statement 
is necessary. 

2. The appeal should be as brief as is consistent with a complete 
statement of the case. It should set forth the action or proceedings 
appealed from, and the reasons why such action should be set aside. 
If the appeal is founded upon the I'efusal of the supervisors to act, the 
reasons Avhy the action asked for should have been taken by such su- 
pervisors, must be clearly shown. If the appeal relates to the forma- 
tion or alteration of a district, a map or piat of the district or dis- 
tricts affected by the order from v/hich the appeal is taken, showing 
the boundaries, location of the schoolhouses and the situation of the 
marshes, rivers and bridges of the territory in question should be 
presented with and made a part of the appeal. A statement showing 
the assessed valuation of the district or districts, or of the several 
parts of a district divided, and the number of children over four and 
under twenty years of age residing in each, should accompany the 
map, and form a part of the papers in the case. When the papers are 
completed, they should be fastened together, numbered or lettered for 
reference, and an affidavit attached, setting forth that the statements 
therein made are true, and that the map, list of children, and valuation 
of property are correct. The afndavit may be in form as follows: 

A. B., being duly sworn, deposes and says that the statements made 
in the above appeal, all and several, are true, according to the best of 
his knowledge and belief, and further that the accompanying map, 
list of children, and valuation of property are correct.* 

(Signed) — , 

Appellant. 

Sworn to and subscribed to before me this day of , 190 — . 

C. D., 
Justice of the Peace. 

3. A complete and correct copy of the appeal and affidavit, and all 
accompanying papers should be made, to which another affidavit should 
be attached, stating that they are correct copies of the papers in the 
case. 

The form of the affidavit may be as follows: 

A. B., being duly sworn, deposes and says that the above is a full 
and correct copy of an appeal, and all accompanying papers, designed 
to be sent to the state superintendent. 

(Signed) . 

Subscribed and sworn to before me this day of , 190 — . 

C. D.. 
Justice of the Peace. 

This affidavit should be made upon the copy only — not upon the 
original appeal that is to be sent to the state siTperintendent. The 

*In other matters than formation or alteration of districts, the lat- 
ter part of the affidavit after the word "belief," may be omitted, or 
any needed change may be made. 



APPEALS. 161 

copy should then be served upon the party from whose action the ap- 
peal is taken, either by handing it to him, or leaving it at his resi- 
dence. If the appeal from the action of the supervisors, the chair- 
man of the board is a suitable party upon whom to serve the copy; if 
from the proceedings of a district meeting, upon the clerk or chair- 
man of the meeting. It should not be served, however, upon an indi- 
vidual who did not sustain the action appealed from as in that case 
no answer is likely to be made. 

The person serving the copy of appeal should carry with him the 
original api:ca', so that the party from whose action the appeal is 
taken may, ii willing, admit service of a true copy, by the following 
form indorsed upon the original appeal: 

I, B. F., do hereby admit service of the above (or within) appeal. 
(Signed) • 

In case no such admission of service be made, the appellant will ap- 
pend to his appeal an affidavit of the following form: 

A. B., being duly sworn, deposes and says that upon the day of 

, 190 — ■, he did serve a true and verified copy of this appeal, and all 

accompanying papers, upon E. F., by handing the same to said B. F. 
(or by leaving it at his residence, as the case may be). 

(Signea) • 

- Sworn to and subscribed before me this day of , 190 — . 

C. D., 
Justice of the Peace. 

When several persons unite in making an appeal, the affidavits may 
be so changed as to admit the names of all the appellants, and each 
should sign the appeal and subscribe to each and every affidavit. 
Vvhen the action appealed from is the action of several persons, it is 
sufficient to serve a copy of the appeal upon any one of the number, 
but it should always be served upon one not agreeing with the appel- 
lants, that an answer may be made. 

When all the above directions are complied with, the original papers 
are ready to be forwarded to the state superintendent. 

4. An appeal should be taken within thirty days from the perform- 
ance of the act appealed from, or within thirty days after the action 
complained of has come to the knowledge of the appellant. 

THB ANSWER. 

1. The appellee has fifteen days in which to prepare his answer, and 
all the directions above given in reference to the preparation and 
service of a copy of the appeal papers, should be complied with in pre- 
paring and serving the answer upon the appellant, before it is for- 
warded to the state superintendent. The forms of affidavit given 
above will answer in all cases for forms to be used by the appellee, by 
changing the words so that the affidavit shall refer to an "answer to 
an appeal," instead of to an appeal, and by signing it as appellee in- 
stead of appellant. 

2. The answer to an appeal may be served upon any one of a num- 
ber of appellants. When the tov/n board of supervisors is a party, and 
papers have been served upon the chairman, if he is in favoh of the 
party appealing, one of the other supervisors should make answer. 

3. In case of neglect of the proper 'appellees to answer an appeal, 
any person having an interest in the matter may make answer to it, 
being governed in all cases by the same rules as would govern appellee. 

11 



162 SCHOOL LAWS OF WISCONSIN. 



REPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, upon proof that new 
facts have come to the knowledge of the party wishing the rejoinder 
since the appeal or ansv/er was submitted to the state superintendent, 
or that there are material errors in the statement of the other party. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other parties, 
these statements should be verified by the affidavit of the person mak- 
ing the same. 

All decisions on appeal must be filed or recorded as the state super- 
intendent shall direct. 

No decision can be rendered on ex parte statements. No papers will 
be considered that are not properly verified, and properly served on 
opposing parties. 

The propriety of leaving out of appeals all matters of a purely per- 
sonal character, except as they may have a direct bearing upon the 
subject, is obvious. 

As appeals are usually decided upon written and not upon oral evi- 
dence, it Is not necessary or proper for either party to appear in per- 
son, expecting to be heard in the case, without the presence of the 
other party. 

PartlciUar care should be taken to follow the directions in regard 
to affidavits, serving copy, etc., so that it may not be necessary to send 
papers back for correction. 

Not only must every paper presented in a case, by either party, be 
verified by affidavit, and a copy be served on the other side, but in 
making the copy, care must be taken to copy every affidavit as well as 
the statement which it verifies. If this is not done, the party upon 
whom such copy is served has no evidence that the original was 
sworn to. 

If the appeal is not taken or the answer or rejoinder made within 
the prescribed time, the reasons for the delay must be given. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superintendent of 
schools may make appeal to the state superintendent, according to sec- 
tion 452, using the following form: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from your re- 
fusal to grant me a certificate, and I hereby ask you for your reasons 
for such a refusal, that I may present the same to the state superin 
tendent, with my appeal. 

Respectfully yours, . 

The refusal is ordinarily for alleged want of learning. In this case 
the appellant will usually appear before the state superintendent for 
re-examination. He should not come, however, without previous no- 
tice; but after notice to the county superintendent, as above, and on 
obtaining the statement of reasons for refusal, he should forward the 
same to the state superintendent, notifying him of his desire for a re- 
examination, that a time may be fixed which may be convenient to 
both parties. 

If the appellant and county superintendent mutually agree that the 



APPEALS. 163 

appeal shall be decided on the papers on which a certificate was re- 
fused, a re-examination may not be necessary. 

If the refusal is for alleged want of ability to teach, or for alleged 
immorality, the appeal will be decided on the evidence submitted in 
writing by the parties. The papers should be made out and verified, 
and copies served, as provided under the Rules for Appeals. 

In case a teacher's certificate is annulled, he also has a right of ap- 
peal. For this purpose the following form may be used: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal Trom your ac- 
tion in annulling my certificate, and I hereby ask for your reasons 
for such action, that I may present the same to the state superintend- 
ent, with my appeal. 

Respectfully yours, . 

The directions given above, in regard to an appeal from a refusal to 
grant a certificate are to be followed, as far as applicable, in an ap- 
peal fx'om the action of a superintendent in annulling a certificate. 



164 SCHOOL LAWS OF WISCONSIN. 



XIV -MISCELLANEOUS LAWS; PENALTIES. 



Clerk's liability. Section 498. Every district clerk who 
shall wilfully neglect to make the annual report for his district 
as required by Jaw shall be liable to pay the whole amount of] 
money lost by such district in consequence of his neglect, which ' 
shall be recovered in an action in the name of and for th.e use* 
of the district. 

Tov/n clerk and superintendent's liability. Section 499. ■< 
Every town clerk who shall neglect or refuse to make and de- 
liver to the county superintendent his annual report as required 
in this chapter within the time limited therefor shall be lia- 
ble on his official bond to pay the town the amount M-liich such 
town or any school district therein shall lose by such neglect] 
or refusal, with interest thereon; and every county superin-- 
tendent who shall neglect or refuse to make the report required 
of him by this chapter to the state superintendent shall be lia- 
ble to pay to each town the amount which such town or any 
school district therein shall lose by such neglect or refusal, with 
interest thereon, to be recovered in either case in an action pros- 
ecuted by the tO'wn treasurer in the name of the town. All 
money collected or received by any town treasurer under the 
provisions of this section shall be apportioned and distributed to 
the school districts entitled thereto in the same m,anner that the 
money lost by any such neglect or refusal Avould have been ap- 
portioned and distributed. 

Neglect of duty. Section 500. Every taxable inhabitant re- 
ceiving the notice mentioned in sections 413 and 415, and 
every chairman of the first district meeting in any district who 
shall wilfully neglect or refuse to perfonn the duties enjoined 
upon him by this chapter, shall respectfully forfeit the sum of. 
five dollars. Every person duly elected to the office of direct<!)r, 



MISCELLANEOUS LAWS— PENALTIES. 165 

treasurer or clerk of anj sehool district wlio shall neglect or 
refuse without sufficient cause to accept such office and serve 
therein, or who, having entered upon the duties of his office, 
shall neglect or refuse to perform any duty required of him by 
the provisions of this chapter, shall forfeit the sum' of ten dol- 
lars; and every school district officer who shall neglect or re- 
fuse to deliver to his successor in office all records, books and 
papers appertaining to such office shall forfeit not exceeding 
fifty dollars. 

Who not to deal in school books, etc. Section 501. IsTeither 
the state superintendent, his assistant, nor any person in his 
office, nor any county superintendent, nor school district offi- 
cer, nor any officer or teacher connected with any public school 
shall act as agent or solicitor for the sale of any school books, 
maps, charts, school library books, school furniture, apparatus 
or stationery, or furnish any assistance to or receive any reward 
therefor from any author, publisher, bookseller or dealer doing 
the same. Every person violating this section shall forfeit not 
less than fifty nor more than two hundred dollars for each of- 
fense and be liable to removal from office therefor.- 

Drawing unauthorized order. Section 502. Every district 
clerk who shall draw an order upon the treasurer for any pur- 
pose not authorized by law, and every director who shall coun- 
tersigTi such order, shall forfeit for each such order not less 
than twenty nor more than one hundred dollars. 



Eefusal to enforce decision. Section 504. In case the town 
board or any other officer shall neglect or refuse to carry into 
effect any decision of the state superintendent made upon an 
appeal from their or his action or refusal to act, each supervisor 
or other officer refusing \pr neglecting shall forfeit the sum: of 
fifty dollars ; and every town clerk who shall so neglect or refuse 
shall also be liable to removal by the town board upon proper 
notice thereof. 

Recovery of forfeitures. Section 505. All actions for the 
recovery of any forfeiture incurred under the provisions of this 
chapter shall be prosecuted by the director of the school dis- 
trict interested, except when such director has incurred a for- 
feiture, in which case such action shall be prosecuted by the 
treasurer of such district; and in case either shall refuse or 



166 SCHOOL LAWS OF WISCONSIN. 

neglect to prosecute lie shall forfeit twenty dollars. All for- 
feitures recovered shall be first applied to the necessary expenses 
of such prosecutions, and one-half of the remainder shall be paid 
into the district treasury for the use of the district and the other 
half to the county treasurer for the benefit of the school fund. 

By voter. Section 506. Whenever any person or officer 
designated in this chapter to prosecute an action for a forfeiture 
or for a neglect of duty shall fail to prosecute such action for 
the space of ten days after being requested in writing by a vote 
of the proper district so to do, any voter miay prosecute sucii 
action for the recovery of such forfeiture or for any neglect of ^ 
duty in the manner herein prescribed. I 

Removal of officers. Section 507. Any school district of- 
ficer may be removed from office by the county judge for wilful: 
neglect of any duty upon the written application of the major-j 
ity of the legal voters of his district or of any person aggrieved 
•by such neglect, containing a full statement of all the charges 
preferred against him. A copy thereof, with a notice of th( 
time and place when and where a hearing upon the same wil 
be had, shall be served upon such officer at least ten days belon 
such hearing. Such officer shall have full opportunity to b< 
heard in his defense; and the judge, upon satisfactoiy proof oi 
such neglect of duty, may by order remove such officer fron 
his office, and in case of removal shall forthwith file such ordei 
in the office of the town clerk and cause a copy thereof to be 
served upon each of the other officers of the district. The per- 
son so removed from office shall not be appointed to fill the va- 
cancy occasioned by such removal; and for all sei*\^ices per- 
formed by the county judge under the provisions of this sec- 
tion he shall receive three dollars for each day actually em- 
ployed, to be paid by the county. 

Removal of county superintendent. Section 975. The judge 
of the circuit court may, in term time or vacation, by an or- 
der specifying the cause thereof, a copy of which he shall cer- 
tify to the county clerk, removfe any county superintendent of 
schools in his circuit for incompetency, wilful neglect of duty 
or for acting as agent for or receiving any fee or reward from 
any author, publisher, bookseller or dealer in school books, maps 
or charts or school library books or school furniture or appa- 
ratus. Such removal shall be made only upon a petition set- 



MISCELLANEOUS LAWS— PENALTIES. 167 

ting forth fullj the charges preferred against him,, and after 
a copy thereof, with a notice attached, stating the time and 
Ijlace when and where such petition will be presented to such 
judge, shall have been personally served upon such superintend- 
ent at least thirty days before the hearing, and an opportunity 
given him to be heard. The testimony shall be 'taken and the 
proceedings conducted summarily under such reasonable regu- 
lations as the judge shall prescribe. 

Doors, what to open outwardly; fire escapes. Section 4390, 
(Statutes of 1898, as amended by Chap. 380, Laws of 1901). 
Every building now or hereafter used, m whole or in parr, as 
a public building, public or private institution, hotel, inn, 
school-house, church, public hall, place of assemblage, or place 
of public resort, factory or workshop, opera house or otiice 
building, niust_be provided with outer doors that shall open 
or swing outwardly, and when storm doors are used at tlie en- 
trance of any such building, either inside or outside, said storm 
doors shall have a glass therein not less than fifteen inches 
square, which glass shall not be less than four feet from the 
floor or approach, unless the commissioner of labor and indus- 
trial statistics, the factory inspector or assistant factory in- 
spector in his judgTOient shall deem it otherwise. Any owner, 
tenant, corporation, person or persons in charge of any of the 
above named buildings, who shall fail to comply with this sec- 
tion or provide the same with fire escapes according to law, or 
any architect who shall prepare plans for any building which if? 
required by law to be provided with such doors or fire escapes, 
without providing in such plans for the same shall be punished 
by a fine not exceeding five hundred dollars or by imprisonment 
in the county jail not longer than ninety days. 

Chapter 349, laws of 1901, provides that every school house, hotel, 
tenement house, public building, etc., etc., more than two stories high 
shall be provided with one or more iron fire escapes with iron plat- 
forms, etc. Severe penalties are provided for by chapter 349 for failure 
to comply therewith and the enforcement of the law comes within 
the jurisdiction of the commissioner of labor, the factory inspectors, 
or of chiefs or marshals of the fire departments of cities and villages. 



Injury to public buildings, to timber on state or county lands; 
removing stone or mineral from lands, etc. SECTioiir 4442. Any 
person who shall cut down, injure or destroy any tree or tim- 
ber, growing or standing upon land belonging or mortgaged 



168 SCHOOL LAWS OF WISCONSIN. 

bo O'l' held in trust by tlie state, or wlio shall take and carry away 
any timber or wood so cut or severed, or previously cut or sev- 
ered, and remaining upon such land, or who shall take or carry 
away, any mineral, earth or stone from such land, or who shall 
wilfully, maliciously or wantonly cut down, injure oi destroy 
any tree or timber growing or standing upon and belonging 
or mortgaged to or held in trust by any county in the state, 
or take and carry away any timber or wood so cut or severed, 
or previously cut or severed and remaining upon such land, 
or who shall so dig or carry away any mineral, earth or stone 
from such land, or mutilate, deface, injure or destroy any 
building or other structure belonging to the state or to any 
county, town, city, village, school district, or school board, 
board of trustees, corporation, company or association and Ubcd 
for religious, educational, penal, correctional, cliaritable or 
other public purposes, or any building or personal property 
whatever of any person or co-partnerbhip, or who shall enter, 
without right, any agricultural or industrial fair grounds, in-- 
closed by a fence not less than six feet high and injure or de- 
stroy any property tlierein, shall be punished by im]3risonment 
in the county jail not more than six months or by fine not ex- 
ceeding; one hundred dollars. 



Official malfeasance, what is. Section 4549. Any officer, 
agent or clerk of the state, or of any county, town, school dis- 
tric, school board, city or village tlierein, or in the employ- 
ment thereof, or any officer, regent, treasurer, secretary, super- 
intendent, clerk or agent, of any penal, correctional, educa- 
tional or charitable institution, instituted by or in pursuance 
of law, within this state, or any member of any body or board 
having charge or supervision of such institution who shall have, 
reserve or acquire any pecuniary interest, directly or indirectly, 
present or prospective, absolute or conditional, in any way 
or manner, in any purchase or sale of any personal or real prop- 
erty or thing in action, or in any contract, proposal or bid in 
relation to the same, or in relation to any public service, or 
in any tax sale, tax title, bill of sale, deed, mortgage, certifi- 
cate, account, order, warrant or receipt made by, to or with 
him in his official capacity or employment, or in any public 
or official service, or who shall make any contract or pledge, 
or contract any indebtedness or liability, or do any other act 
in his oScial capacity, oi! in any public or official service not 



MISCELLANEOUS LAWS— PENALTIES. 169 

authorized or required by law, or who shall make any false 
statement, certificate, report, return or entry in any book of 
accounts or of records in respect to anything done or required 
to be done by him, oiiicially, or in any public or official serv- 
ice, shall be punished by imprisonm,ent in the county jail not 
more than one year or by fine not exceeding five hundred dol- 
lars. 

Discounting claims; neglect of duty. Section 4550. Any 
person mentioned in the next preceding section, who shall pay, 
jedeem, discount or purchase, any debt, claim or demand in 
favor of any other person, against the state, or any county, 
town, scliool district, school board, city or village therein, or 
against any fund thereof below the true and full amount tlier&- 
of, or who shall pay any such debt, claim or demand for any 
purpose Out of any fund not provided for such purpose, or who 
shall wilfully violate any provision of law, authorizing or re- 
quiring anything to be done, or prohibiting anything from 
being done by him in his official capacity or employment, or 
who shall refuse or wilfully neglect to perform any duty in his 
office required by law, or shall be guilty of any wilful extor- 
tion, wrong or oppression therein shall be punished by imprison- 
ment in the county jail not more than one year or by fine not 
exceeding five hundred dollars. 

Eefusal to deliver money, etc., to successor. Section 4553. 
Any public officer whatever, in this state, who shall, at the 
expiration of his termi of office, refuse or wilfully neglect to 
deliver, on demand, tO' his successor in office, after such suc- 
cessor shall have been duly qualified and be entitled to said 
office according to law, all moneys, records, books, papers or 
other piroperty belonging to said office, and in his hands or un- 
der his control by virtue thereof, shall be punished by impris- 
onment in tlie county jail not more than six months or by fine 
not exceeding one hundred dollars. 

Disturbing schools. Section 4572. Any person who shall 
wilfully, maliciously or wantonly interrupt or in any way mo- 
lest or disturb any private or public school while in session shall 
be punished by imprisonment in the county jail not more than 
thirty days or by a fine not exceeding fifty dollars. 

Obscene books, literature, papers, and pictures. Section 4590 
(as amended by Chap. 256, Laws of 1901, amending Chap. 128, 



IfQ SCHOOL LAWS O'^ WISCONSIN. 

laws of 1899.) Anj person who shall, in a public place, or on 
any fence or wall, or other surface, contiguous to the public 
street or highway, or on the floor or ceiling, or on the inner or 
outer wall, closet, room, passage, hall, or any part of any hotel, 
inn, or tavern, court house, church, school, station house, depot 
for freight or passengers, capitol or other buildings devoted or 
open to other or like public uses, or on the walls of any outbuild- 
ings, or other structure pertaining thereto, make or cause to be 
made any obscene drawing or picture or obscene or indecent 
writing, or print, liable to be seen by others passing, ot coming 
near the same, such person so offending, shall, in every such 
case, be guilty of a miisdemeanor, and, on conviction thercol, 
ciiall be punished by imprisonment in the county jail not to ex- 
ceed one year, or by fine not exceeding five hundred dollars. 

Any person or persons who shall put up, in any public place, 
any indecent, lewd or obscene picture or character, representing 
the human fonn in a nude ot semi-nude condition, or shall ad- 
vertise by circulars or posters any indecent, lewd or immoral ■ 
sho'W, play or representation, shall be deemed guilty of a misde- 
meanor, and, on conviction thereof, shall be fined not less than 
twenty-five dollars, nor more than three hundred dollars; pro- 
vided, tliat nothing in this act shall be construed as to interfere 
"with purely scientific works, written on the subject of sexual 
]3hysiology or works of art. 

Any person who shall sell, lend, give away, or show, or shall 
have in his possession with intent to sell, give away, or show, 
OT shall advertise or otherwise offer for loan, gift or distribu- 
tion, any book, pamphlet, magazine, newspaper, or othex printed 
paper devoted principally to the publication of criminal news, 
police reports, or accounts of criminal deeds, or pictures and 
stories of deeds of bloodshed, lust or crime, shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be sentenced 
to pay a fine of not less tlian fifty nor more than five hundred 
dollars. 

School officers should take especial care to inform pupils of the force 
and effect of this law. Much serious difficulty and expensive litigation 
mav be easily avoided by so doing. 

For reference to other laws and sections imposing penalties, see 
index under head of "Fiaes and Forfeitures." 



MISCELLANEOUS LAWS. i>^l 



Journal of Education. Section 508. Each scliool district 
clerk and eaeli town clerk or secretary of a town board of di- 
rectors may subscribe annually for one copy of the Wisconsin 
Journal of Education, to be paid for by the district or town, re- 
spectively, out of the school money. 

The subscription price of the Journal of Education is $1.00 a year, 
if paid in aavance. Subscriptions, with remittances, should be ad- 
dressed to "Wisconsin Journal of Education, Madison, Wis." 

Dictionaries. Section 509. The state superintendent may 
furnish to any school district, or to any school or distinct de- 
partment thereof, one copy of Webster's International diction- 
ary on the receipt of an atlidavit of the proper officer that such 
school 01' department for which application is made has not 
yet been supplied, or that the dictionary furnished there'to 
has been lost or is unfit for use, and on payment in advance 
of the cost price to said superintendent for any so to be re- 
placed ; and tlie state superinteiLdent may sell, at the cost price, 
to any of the charitable, educational, reforuiatory or penal in- 
stitutions of the state, on written requisition being made by 
the superintendent of the institution, as many copies of sucli 
dictionary, not exceeding the nmnber of school or educational 
departnrents in the respective institutions, as m,ay be necessary ; ' 
he may also furnish each county superintendent, each teacher 
employed in the normal schools or university, each stats officer 
and member of the legislature and their employees with one 
copy thereof at the cost price of tlie same to the state. The 
superintendent may purchase from time to time, at a cost not 
exceeding seven dollars per copy delivered at his office, a suffi- 
cient number of copies of such dictionary to furnish such 
schools, the expense thereof to be paid out of the state treasury. 

Every school district not already once supplied with a Dictionary 
free is entitled to one. If the district has a graded school it is entitled 
to one copy for each distinct department. Applications for dicclon- 
aries must be made by district clerks, city superintendents of schools, 
or by the secretary of the town board of directors. Webster's Inter- 
national Dictionary is now furnished by the State for re-supply at a 
cost of $7.50 for each indexed, and $7.00 for each plain copy. When 
the application is for re-supply, the cost of the volume must accom- 
pany the application. These dictionaries are too heavy to be sent by 
mail, consequently those who apply should be careful to give the ex- 
press offlce to whicn the volume must be sent. Printed forms of ap- 
plication for first supply, additional supply, or re-supply for common 



172 SCHOOL LAWS OF WISCONSIN. 

district schools, or graded sc^xools, will be mailed by the State Super- 
intendent to school officers upon request. 

When writing for application blanks, the writer should state the, 
kind wanted. There is but one kind furnished in all cases where the 
application is for re-supply, but where the application is for first sup- 
ply, the writer should state whether or not the schgol is a school of 
but one department, or a graded school, and whether or not such school 
is under the township system of school government, in order that the 
proper blanks may be sent. 

Part of library. Section 510. All such dictionaries hereto- 
fore or hereafter received bj the several districts shall belong 
to the district library, but during the time a school is taught 
they shall be and remain in tlie school rooms during the hours 
of scliool, for the exclusive use of the scholars and teachers, 
and under the control of the teachers or principals, who shall be 
responsible to the districts for their loss or for any unnecessary 
damage they may receive. 

Payment of money. Section 511. The state superintendent 
shall pay to the state treasurer all money received on account 
of dictionaries sold as aforesaid, and render an account of all 
dictionaries sold in his report to the governor. 

Residents, who are; county's liability. Section 512. Every 
person of lawful school age maintained as a public charge shall, 
for school purposes, bo deemed a resident of the district in 
which he lives, for every person so maintained by the county 
the county board shall for each year allow to the district in 
which such person may attend school an amount for each per- 
son so attending equal to the amount expended in tliat year for 
each pupil in such district for school purposes; and in, case 
such person be maintained by any to^vn, such town board shall 
allow a like amount to such district. Such account shall be 
reckoned by the district officers without reference to the num- 
ber of pauper children attending such school. 

Women may be officers. Section 513. Every woman of 
twenty-one years of age and upwards may be elected or ap- 
pointed as director, treasurer or clerk of a school district, di- 
rector or secretary of a town board under the township system; 
member of a board of education in cities, or county superin- 
tendent or town inspector of common schools. 

The last six words were added by the bill submitted by the commis- 
sioner appointed to revise the school code; the provision therein for 



MISCELLANEOUS LAWS. 



17; 



inspectors of common schools was not enacted. The clause referred 
to was overlooked by the committee on revision or it would probably 
have been- stricken out. There is no such office as "town inspector of 
common schools." 

Arbor and labor day. Section 13Y&. The governor, by proo- 
lamationj may set apart one day eacli year to be designated as 
arbor and bird day, and may request its observance by all schools, 
colleges and other institutions by the planting of trees, the 
adornment of school and public grounds, and by suitable ex- 
ercises having for their object the advancement of the study 
of arboriculture, the proanotion of a spirit of protection tO' birds 
and trees, and the cultivation of an appreciative sentiment con- 
cerning them. He may also set apart, in said manner, one day 
in each year to be observed as labor day. 

Physical education. Section 553a.. Physical education may 
foiTH a part of the regular school curriculum in all normal, 
high and city schools entirely or p'artly maintained by the state. 
In all normal schools and normal departments of high schools 
the instruction of the pupils may be such as to enable them to 
becoanie competent teachers of physical educa,tion in common 
or graded public schools. 

Investment of school funds. Section 553&. The board of 
education or school board of any city having the care or custody 
of school funds or management of the finances of the public 
schools therein may, by a vote of a miajority of all of its mem- 
bers elect, in lieu of designating banking depositories or any 
other disposition provided for the care or keeping of such funds, 
invest the same or such portion thereof as it may deem ex- 
pedient in the registered bonds of the United States at their 
market vaKie. Whenever such board shall decide to make any 
such investment the treasurer of such board shall be directed to 
purchase such bonds with such funds and register and keep the 
same under such regulations as such board may prescribe. 
Whenever such bonds have been purchased such board may 
direct its treasurer to sell the same or any part thereof for cash 
at their market value, from time to time for current expenses, as 
said board shall deem expedient. 

Commercial schools. (Chapter 124, Lavs^s of 1905.) Section 
1. The state superintendent of public instruction is authorized 
to fix and prescribe a course of study for commercial schools or 
colleges. To all schools accepting and adopting such standard 



174 SCHOOL LAWS OF WISCONSIN. 

and requirement for admission and graduation therefrom, he 
shall grant a certificate of such fact and shall include in his bi- 
ennial report a list of the schools so complying. 

Fire and tornado insurance companies. (Chapter 373, Lawa 
of 1905.} Section 1. All boards of education and school 
districts in the state are hereby empowered to enter into, and 
organize mutual fire insurance companies for the insurance of 
public school buildings and their contents, against fire, lightning 
and tornado, in accordance with the provisions of this chapter. 
The terms school district, and district, as used in this act shall 
include all towns which have adopted or shall adopt the town- 
ship system of school government and all cities acting under 
general or special charters, and the term board shall include 
all boards of education, school district boards, boards of school 
directors, and other bodies having committed to them by law or 
by general or special charter, the management and control of 
public school buildings. 

Section 2. Any number of such boards and districts, not 
less than twenty-five, may form themselves int/) a corporation 
for the purposes aforesaid, by complying with the following con- 
ditions, namely: The representatives of such boards and dis- 
tricts, being first duly authorized to do so by the boards and dis- 
tricts represented, shall sign articles of organization which shall 
be substantially in the following form. The boards of educa- 
tion and school districts named below, by their duly authorized 
representatives, do hereby associate for the purpose of forming 
a mutual fire and tornado insurance corporation for the pur- 
pose of insuring public school buildings and their contents 
against loss and damage by fire, lightning and tornado, under 
the provisions of chapter. . . .of the laws of 1905. 

The name of such corporation shall be 

The elective ofiicers of the corporation shall be a president 
and a board of directors of four members, to be elected at the 
first meeting of the sigTiers of, the articles of association from 
their number ; two of said directors shall hold their office until 
the first annual meeting, and two of the directors shall hold 
their office until the second annual meeting. The president 
shall hold his office until the first annual meeting of the corpora- 
tion, and shall thereafter be elected annually, and he shall be ex- 
ofiicio president of the board of directors, and a member thereof. 
At each annual meeting two directors shall be elected for two 
years in the place of those whose terms shall expire at the time 
of such meeting. The board of directors shall fix the time and 
place for holding the annual meeting, and shall elect the sec- 



MISCBLLANEOUS LAWS— INSURANCE COMPANIES. 175 

retary and treasurer, and such other officers as shall be provided 
for in the by-laws of the corporation. 

In witness whereof we have hereunto affixed our names by 
our duly authorized representatives, and have caused them to 
authenticate the same by their signatures respectively. 

(Here insert names of boards and districts followed in each 
case by the signature of the selected representative.) 

Section 3. Whenever such articles have been subscribed as 
required above, they shall be filed with the commissioner of in- 
surance, with proof that not less than twenty-five applications for 
policies of insurance aggregating not less than two hundred 
fifty thousand dollars have been received,* and if such articles 
shall be found to be in proper form, the commissioner shall is- 
sue a certificate to the effect that the association is organized 
and is authorized to do business. The first meeting of the 
signers must be held within sixty days after such certificate is 
issued, and may be held at any convenient place on a call signed 
by not less than ten of such signers, on not less than ten days'" 
notice by mail to the remaining signers. 

S'ECTioisr 4. The general management of the business of cor- 
porations so organized shall be vested in the board of directors 
which shall be chosen as provided in the articles of association, 
and shall have the powers therein enumerated and such other 
powers as shall be necessary to carry into effect the provisions of 
this act, and as shall be enumerated in the by-laws, and the said 
board shall keep a record of all its proceedings in a book kept 
for that purpose. 

SECTioisr 5. Such corporation before it shall issue any pol- 
icies, shall prepare and adopt by-laws and file the same with 
the commissioner of insurance as hereinafter provided, which 
shall prescribe the duties of its officers, the manner, time and 
place of electing them, the place and manner of transacting busi- 
ness, the time and manner of giving notice of loss and of adjust- 
ing and paying losses, and such other rules and regulations as 
may be deemed essential or convenient for the management of 
its affairs. Such by-laws may be adopted at the first meeting 
of the corporation or at an adjourned meeting, or may, if such 
meeting shall so determine, be framed and adopted by the board 
of directors, and such by-laws shall not be annulled, changed, 
suspended or repealed except in the manner therein set forth, 
and a copy thereof and of all amendments thereto and changes 
therein shall be filed by the secretaiy forthwith after its adop- 
tion with the commissioner of insurance. 

Section 6. Such corporation may issue policies, signed by 
its president and secretary, agreeing to pay to the board 'of edu- 



176 SCHOOL LAWS OF WISCONSIN. 

cation or school district insured, any loss which may he s'l ;- 
tained by it by fire, lightning and tornado for a period of iKjt 
more than five years, not exceeding on any single risk two per 
cent of the amonnt of insurance in force or contracted for. 
Such policies shall contain such conditions as the by-laws shall 
]3rescribe, but such corporation shall not make or execute any 
policy until a blank form for the same shall have been sub- 
mitted to and approved by the commissioner of insurance ; pro- 
vided that no such company shall be required to use the Wiscon- 
sin standard policy. The board of directors may classify prop- 
erty to be insured, according to the risk involved. 

Section 7. Each board of education and school district to 
which any policy shall be issued, shall be a member of the cor- 
poration, and shall be entitled to one vote at all meetings of the 
corporation, for each one thousand dollars or major fraction 
thereof of insurance held by it, and shall be represented at all 
meetings of the corporation by a member of its board selected 
by it for that purpose. In case no such representatives shall be 
selected, then the clerk or secretary of such board of education 
or the clerk of the school district, shall act as such representa- 
tive, if he shall be a member of such board, and if such clerk 
or secretary shall not be a member of the board then the presi- 
dent of such board shall act as sucli representative. Such boards 
shall have the right to change their reiiresentatives at will, and 
in case of such a change shall notify the secretary of the corpor- 
ation, specifying the person, if any chosen. Any representative 
of any board or district to which a policy of insurance has been 
issued, or which has agreed to accept any such policy, shall be 
eligible to the ofiiee of president or director, luit on ceasing to 
be such representative, shall cease to be eligible and shall be 
deemed to have vacated such ofiice, but shall nevertheless con- 
tinue to act for ten days, or until his successor in such office 
shall be selected as provided in the by-laws. 

SECTioisr 8. Each board of education or school district to 
which any policy shall be issued, shall, at the time of making 
and issuing any such policy, give its undertaking in such form 
as the by-laws shall prescribe to pay its pro rata share of all 
losses or damages which shall be sustained by the said corpora- 
tion under any policy of insurance issued by it, and its neces- 
sary business expenses, together with all legal costs and charge- 
Avhich shall be incurred in case legal proceedings are com- 
menced against it on accon.nt of any such loss, at the time and 
in the manner provided in the by-laws. Each such undertak- 
ing shall be filed with the secretary of tlio corporation at the 
time the policy shall be issued and slmll remain on file in his 



MISCELLANEOUS LAWS— INSURANCE COMPANIES. 



177 



office. Each member at the time such insurance is effected 
shall paj such a percentage of the amou.nt insured as the by- 
laws shall provide for the class of risk insured, and such a rea- 
sonable fee for the policy and survey of the premises and prop- 
erty insured as the by-laws shall determine. 

Seoitiow 9. Whenever the amount of any loss so ascer- 
tained and adjusted shall exceed the amount of cash in the treas- 
ury of the corporation, and its probable receipts for the three 
succeeding months, the president shall convene the board of 
directors and they shall make an assessment pro rata on the 
members of the corporation, according to the amount of in- 
surance held by them respectively and the rate at which the 
same shall be issued, which assessment shall be sufficient to 
pay the amount of such loss and of the expenses in connection 
therewith, and such a sum in addition thereto as the directors 
shall determine, but no such assessment shall exceed three per 
cent of the policies in force, and not more than five per cent of 
such policies shall be levied in assessments during any one year. 
The assessments thus levied shall be payable- not less than 
ninety days nor more than six months after the same are levied, 
as the by-laws shall determine. ISTotice of the assessment shall 
be given in the manner provided in the by-laws, and the notices' 
so given shall state the amount of the loss and the probable 
amount to be derived from such assessment, and such other mat- 
ters as the by-laws shall provide or the directors shall de- 
termine. If any member shall fail to pay its assessments in the 
manner provided in the by-laws, it shall be liable to the corpora- 
tion on its undertaking, for the amount of the assessment duly 
levied, and for interest thereon after due at the rate of one per 
cent for each month or part of a month which the same shall re^ 
main unpaid after due, which may be recovered in any court 
of competent jurisdiction, with costs as in other cases. 

Section 10. The corporation may require such bonds from 
its officers and agents as the by-laws shall provide, and may pay 
such reasonable commissions as the by-laws shall prescribe, or 
the board of directors shall, determine, in case the by-laws are 
silent. 

Section- 11. Vacancies in any office shall be filled by the 
board of directors at their first meeting after the secretary shall 
be notified of or shall ascertain such vacancy. In filling 
vacancies in the board of directors, a majority of the remain- 
ing directors ehall have power to act. 

Section 12. At any meeting of the members of the corpora- 
tion the representatives 'of members holding ten per cent of the 
12 



IJQ SCHOOL, LAWS OF WISCONSIN. 

outstanding policies of the corporation shall constitute a 
quorum, but a less number may adjourn from time to time. 
The general office of the corporation shall be in the town, city or 
village in v/hich the secretary shall reside, unless the directors 
shall otherwise determine. 

Section 13. Any member may withdraw from such cor- 
poration at aiiy time by giving notice in writing to the secretary 
of such corporation, and paying all assessments which shall have 
been duly levied, but it shall, notwithstanding such notice of 
withdrawal, be liable for its share of all losses sustained by the 
corporation previous to such withdrawal, and all expenses in 
connection thcn-ewith, whether such losses were ascertained and 
adjusted prior to the giving of such notice of withdrawal or not, 
but no member shall be liable on account of any assessment to 
pay losses incurred before it became a member. 

SjECTiON 11. The secretary of every such corporation shall 
annually prepare a statement of its condition on the 31st day of 
December, preceding the annual meeting, which shall contain 
the number and amount of each policy outstanding and to whom 
issued, the aggregate of the insurance in force on each class of 
property insured, the amount of losses paid during the year 
and to whom, the total number and the amount of the losses 
paid since the organization of the corporation, the amount of 
losses sustained and unpaid, and such other matters as the by- 
laws shall require to^ be shown therein. The treasurer shall 
make a detailed statement of the moneys collected by him from 
the several assessments made, and from all other sources, and 
also state every item of disbursement, and shall show the condi- 
tion of the association on the date specified. The reports of 
both the secretary and the treasurer shall be presented to the an- 
nual meeting, and copies shall be filed with the commissioner of 
insurance not later than the 31st day of January after the date 
on which the}' are made. 

Section 15. All boards of education, school district boards, 
boards of school directors, and other bodies having the control 
and management of public school buildings, in addition to the 
powers already conferred on them by law, or by the general or 
special charter under which they are organized, are authorized 
and empowered to become members of any corporation created 
under this act. 

Powers of boards; application of chapter to cities and villages. 
Section 515. Every such board or other body aforesaid shall 
have all the powers and be chai-ged with all the duties imposed 
by these statutes on school district boards so far as the same are 



MISCELLANEOUS LAVv^S— STATE PUBLIC SCHOOL. 179 

not provided for or limited hj tlie spc^cial prorisions of the act 
of irLCoa'poratioii O'V otlier a.ct under whicli such beard or body 
is constituted. Every city or' village not having a system of 
sc-hool goveT'nment specially provided by law therefor shall bo 
govea-ned by the provisions of this chapter. (Cliapt. 27, W. S.) 

Kailroad maps. Section 1795a. There shall be published 
biennially under the supervision of the railroad commissioner, 
tv.'^enty-five thousand copies of the railroad map of Wisconsin, 
of wliicli eight thousand copies shall be mounted on muslin and 
provided with rollers to be distributed by the state su2:)erintend- 
ent aanong the schools ; twelve thousand tliree hundred and 
thirty shall be likewise mouirted on muslin and provided with 
rollers, toi be apportioneid a.nd delivered tO' the nrenibers of the 
legislature; four thousand six hundred and seventy, of which 
three thousand shall be immiounted and one thousand six aun- 
dred and seventy likewise mounted on muslin and provided 
' v/ith rollers, to be distributed by the railroad commissioner. 

. State public school; admission of deformed and crippled chil- 
dren. (Ohap. 109, Laws of 1901.) Section- 1. In addition 
to the classes of children now rec;eived at the state public school 
for neglected or dependent cliildren, pursuant to existing lawp, 
there shall also be received as pupils in the said school, any such 
children under fourteen years of age, residents of this state, 
who are of sound mind but whoi are crippled or deformed in 
body, provided their bodily ailments are such as admit of loroper 
care and treatment at the school with the facilities which are, 
or may hereafter be provided therefor, subject only tO' the lira-- 
itations contained in the next section. 

SECTiOisr 2. All existing provisions of law for the commit- 
ment, care, disposition, control and discharge of the inrantes of 
said 'school, and all restrictions upon their admnssion, except llie 
three years age limitation, and except as herein provided, shall 
apply to such crippled or deformeid children. 

Reports of academies. Section 411. It shall be the duty of 
the president of the board of trustees of every organized acad- 
emy, seminary and literary or collegiate institution heretofore 
incorporated or that sball be hereafter incorporated, to cause 
to be made out by the principal instructor or other proper 
officer, and forwarded to the state superintendent on or before 
the tenth day of October in each even-numbered year, a report 



180 SCHOOL LAWS OF WISCONSIN, 

for the term terminating with the thirty-first day of August of 
the second preceding year, setting forth the amount and esti- 
mated value of real estate owned by the corporation ; tlie amount 
of other funds and endowment and the biennial income from all 
sources ; the number of instructors and their respective salaries ; 
the number of students in the different classes and the rates of 
tuition; the studies pursued and the books used; the course of 
instruction and such matters as shall be specially requesteid by 
said superintendent, or as shall he deemed proper by the presi- 
dent or principal of such academies or institutions to enable the 
state superintendent to lay before the legislature in his report 
a fair and full statement of the affairs and condition of such in- 
stitutions. 

Inspection of cadets. Section 4:11a.. Th.e president or other 
princijial officer of any incorporated college or school of this 
state which shall be under military discipline oi* maintain a reg- 
ular military department, and have enrolled, uniformed and 
armed not less than one hmidred cadets, m.ay apply in writing 
to the governor to have the coi^ps of cadets of such college or 
school inspected by the adjutant-general or other officer ap- 
pointed by the governor for that purpose. Such inspection 
shall be made during April, May oa' June of each year, upon fif- 
teen days' notice by mail to such applicant by the inspecting of- 
ficer, and shall be held in the manner and form prescribed for 
troops in the service of the United States. 

Officer's report. Section 411&. The inspecting officer shall 
report to the governor : 

1. The number of officers, non-commissioned officers and pri- 
/ates paraded and inspected by him in uniform. 

2. What such uniform is and the condition thereof. 
o. The discipline and state of instniction. 

4, The number and amounts of ai'ms, accoutrements, stores 
and military property exhibited to him. 

5. The true condition of the same. 

G. If a cavalry company or battery of artilleiT' be main- 
tained, what number of horses were exhibited and their condi- 
tion. 

Y. \\liether such corps has complied with these provisions 
and the orders and regulations of the governor. 

8. Such otiier matters as may be required. 



MISCELLANEOUS LAWS— CADETS. 



181 



The inspecting officer shall receive no pay for services, bnt 
may be. allowed ten cents per mile, to be paid by each of tlie 
schools so inspected. 

Suspension from inspection. Section 411c. If snch inspect- 
ing officer shall repiort that such oorps numbers less than one 
hundred enrolled, uniformed and armed, ot that its condition 
and military proficieucy are not such as, in his. judgment, to en- 
title it to the benefits of section 411<^^ the governor may notify 
the president or other principal officer of such college or school 
that it is suspended fro'm the benefits hereby given, and iu such 
case nO' application for an inspection as herein provided shall be 
granted for a period of two years. 

Graduates; rank of. Section 411c?. In all cases where a 
satisfactory report is made by such inspecting officer the students 
of such college or school, residents of this state, graduating dur- 
ing the year within which such report is made and receiving full 
diploma or oertifieate from such college or school, shall be en- 
titled to the honorary rank of second lieutenant in the unorgan- 
ized militia of the state; provided, that nothing herein shall be 
construed to give such graduates any right to wear the uniform 
of the Wisconsin National Guard. 

Schools of agriculture and domestic economy. (Chap. 288, 
Laws of 1901.) Section 1. The county board of any county 
is hereby authordzed to appropriate money for the organization, 
equipment and maintenance of a county school of agriculture 
and domestic economy. The county boards of two or more 
counties may unite in establishing such a school, and may appro- 
priate money for its organization, equipment and maintenance. 

Section 2. A board to be known as the county school board 
is hereby created, which shall have charge and control of all 
matters pertaining to the organization, equipment and mainte- 
nance of such school, except as otherwise provided by law. Said 
board shall consist of three miCmbers, one of whom shall be the 
county superintendent of schools of the county or district in 
which the school is located. The other members of the board 
shall be elected by the county board for the term of three years 
from the date of their election, but no member of the county 
board shall be eligible. Vacancies existing in the board from 
whatever cause, except in the case of the county superintendent. 



182 SCHOOL LAWS OF WISCONSIN. 

sliall bo filled by appointment mnde by tlie elinirmnn of iho j 
oomity board, if the county board is not in session when sneli 
vacancy occurs. If tlie county board is in session, vacancies 
shall be filled by election by said board for the unexpired term. 
App'ointments m'ade by the chairman of the county board, as 
hereinbefore specified, shall be for the teTm to elapse until the 
next regular meeting' of tlie county board. Each person 
appointed or created a member of the county school board, shall 
within ten days after the notice of such appointment, take and 
subscribe an oath, to suppO'rt the constitution of the United 
States and the constitution of Wiscousin, and honestly, faith- 
fully, and impartially to discharge his duties as a member of 
said board, to the best of his ability, which oath shall be filed 
in the ofiice of tlie county clerk. He shall also, within the same 
time, file a bond in such sum as may be fixed by the county board, 
which" bond shall be filed in the office of the county clerk. With- 
in fifteen days after the appointment of said board, the mem- 
bers thereof shall meet and organize by electing one of their 
number as president. The county superintendent of schools 
shall be ex-officio secretary of the said board. The said board 
shall prescribe the duties of the several officers, except as fixed 
by law. 

SECTioisr 3. Whenever two or more counties unite in estab- 
lishing such a school, the pi'ovisions of section 2 of this act shall 
apply to the organization of the county school board, and to fill- 
ing vacancies therein, provided that the county superintendent 
of the comity in which the school is located shall be a member of 
the board and ex-officio its secretary, and two membea-s shall also 
be elected from each county by the county board thereof. But 
no member pf the county board shall be eliglible. 

Section 4. Whenever two or more counties unite in estab- 
lishing and maintaining such school, the county school board pro- 
vided for ill such cases shall detei*mine the amount of money 
neioessary for tlie equipment and maintenance of the school for 
the second year, and annually each year thereafter; they shall 
apportion the amoimt to be raised by taxation among the coun- 
ties in proportion to the assessed valuation of each county, as 
last fixed by the state board of assessment, and shall report to the 
county clerk of each county the apportionment so made on or 
before the first Monday of JST'ovember in each year. The amount 
SO" apportioned to each county shall be levied in the county tax 
for the ensuing year for the support of tlie school. 



MISCELLANEOUS LAWS— AGRICULTURAL SCHOOLS. 183 

Section 5. Tlie county treasurer shall be ex-officio treas- 
Tu-er of said board; all moneys appropriated and expended nn- 
dea- tlie provisions of this act, shall be expended by the connty 
school board, and shall be paid by the county treasurer or treas- 
urers on orders issued by said board, and all moneys received 
by said board shall be paid to the county treasurer for the fund 
of the county school board. 

Section 6. In all county schools of agriculture and domestic 
economy oa'ganized under the provisions of this, act, instruction 
shall be! given in the elements' of agidculture, including instruc- 
tion concerning the soil, the plant life, and the animal life of the 
farm ; a. system of farm, accounts shall also be taught ; instruc- 
tion shall also be given in manual training and domestic econ- 
omy, and such other Subjects as may be prescribed. 

Section 7. Eiach such school shall have connected with it a 
tract of land suitable for purposes of experimeut and demon- 
stration, and not less than three acres in area. 

Section 8. The schools organized under the provisions of 
this act shall be free to inhabitants of the county or counties con- 
tributing to their support, who shall be qualified tO' pursue the 
course of study, provided they shall have at least the qualifica- 
tions required for completion of the course of- study for common 
schools. Whenever studeuts of advanced age desirei admission 
to the school during the winter ihonths in sufficient niunber to 
warrant the organization of special classes for their instruction, 
such classes shall be organized and continued for such time as 
their attendance may make necessary. 

Section 9. The state superintendent shall give such infor- 
matio'H and assistance and establish such requirements as may 
seem necessary for the proper organization and maintenance of 
such schools. With the advice of the dean of the college of agri- 
culture of the state university, he shall prescribe the courses of 
study to be pursued, and determine the qualifications required of 
teache-rs employed in such schools. Tie shall have the general 
supeiTisioni of all schools established under this act ; shall from 
timie to time inspect the same, make such recoiumendations re- 
Itaing to their management as he may deem necessary, and make 
such report tliereon as shall give full information concerning 
their number, character and efficiency. 

Maintenance of county schools of agriculture and domestic 
economy. (Chapter 143, Laws of 1903, amending Section 10, 



184 SCHOOL LAWS OF WISCONSIN. 

Chapter 288, Laws of 1901.) Section 10. Any scliool es- 
tablished under the provisions of this act, whose courses of 
study and qualifications of whose teachers have been approved 
by tlie state superintendent and the dean of tile college of agri- 
cailture may, upon application, be placed upon an approved 
list of county schools of agriculture and domestic economy. 
A school once entered upon, suoli list may remain listed and 
be entitled to state aid so long as tlie scope and character of its 
work are maintained in such manner as to meet the approval 
of the state superintendent; provided, that he shall not place 
upon said list more than four schools. On the first day rif 
July in each year, the secretary of each county school board 
maintaining a school on the approved list, shall report to the 
state superintendent, setting forth the facts relating to the cost 
of maintaining the school, the character of the work done, the 
number and names of teachers employed and such other mat- 
ters as may be required by the county board or the state super- 
intendent. Upon the receipt of such report, if it shall appear 
that the school has been maintained in a satisfactory manner 
for a period of not less than, eight months, during the year clos- 
ing on the thirtieth day of the preceding June, the said super- 
intendent shall make a certificate to that effect and file it with \ 
the secretary of state. Upon receiving such certificate, the " 
secretary of state shall draw his warrant, payable to the treas- -' 
urer of the county maintaining such school, for a sum equal 
to two-thirds the amount actually expended for maintaining 
such school during the year ; provided, that the total amount ' 
so apportioned shall not exceed four thousand dollars to any 
one school in any one year; when more than one county has 
contributed to the sup'port of the school, the secretary of state 
shall draw his warrant payable to the treasurer of each county > 
for such portion of the state aid as the amount contributed by 
his county is part of the total amount contributed by all the 
counties for the support of the school for the j^i'eceding year. 
The secreta,ry of state shall annually include and ai^portion in 
the state tax such sum as shall have been so paid. 

This cnapter provides for two additional county schools of agricul- 
ture and domestic economy, and increases the amount which the state 
may be callea upon to pay for each of such scnools from one half to 
two-thirds the amount expended therefor, but in no case is such amount 
to exceed $4,000.00. 



MISCELLANEOUS LAWS— AGRICULTURAL SCHOOLS. 185 

County training schools for teachers. (Cliapter 338, Laws of 
1C03, amcTKliiig- ChapS?r 373, Laws of 1901, creating five new 
sections relating to co'.intj training scliools for teachers.) Sec- 
tion 1. The conntj board of any conntj within which a state 
normal school is not located, is hereby authorized tO' ap|>ro- 
priate money for the organization, eqnii>ment and maintenance 
of a county training school for teachers of the common schools. 

Board for; appointments, vacancies, bond, organization. Sec- 
tion 2. A board to be known as the county training school 
board, is hereby created, who shall have charge and con- 
trol of all matters pertaining to the organization, equipment 
and maintenance of such school, except as otherwise provided 
by law. Said board shall consist of three members, one of 
whom shall be the county supisrintendent of schools of the 
county or district in which the school is located. The other 
members of the board shall be elected by the county board, 
for the tenn of three years from the date of their election. Va- 
cancies existing in the board, from whatever cause, except in 
the case of the county superintendent, shall be filled by appoint- 
ment made by the chairman of the county board, if the county 
board is not in session when such vacancy occurs. If the 
oounty board is in session, vacancies shall be filled by election 
by said board for the unexpired term. Appointments made 
by the chairman of the county board, as hereinbefore speci- 
fied, shall be for the time to elapse until the- next regiilar meet- 
ing of the county board. Each pierson appointed or created 
a member of the county training school board shall wdthin ten 
days after the notice of such appointment, take and subscribe 
an oath to support the constitution of the United States and 
the constitution of AVisconsin, and honestly, faithfully and 
impartially to discharge his duties as a member of said board, 
to the best of his ability, which oath shall be filed in the of- 
fice of the county clerk. He shall also, within the same time, 
file a bond in such sum as may be fixed by the county board, 
which bond shall be filed in the office of the county clerk. 
Within fifteen days after the appointment of said board, the 
members thereof shall meet and organize by electing one of 
their nunber as president and one as treasurer; the county 
superinterdent'of schools shall be ex-officio secretary of the said 
board. ■ The said board shall prescribe the duties of the several 
officers, eiioept as fixed by law. 



j^86 SCHOOL LAWS OF WISCONSIN. 

IToneys for; how paid. Section 3. All moneys appropri- 
ated and expended nnder the provisions of this act shall be ex- 
pended by the county training school board, and shall be paid 
by the connty treasurer on orders issued by said board. 

Duty of state superintendent. Section 4. The state super- 
intendent shall give such information and assistance as may 
seem necessary in organizing and maintaining such training 
schools. He shall prescribe the courses of study to be pursued, 
and shall determine the qualifications of all teachers employed 
in such schools. He shall have the general supervision of all 
schools established under this act; shall from time to time in- 
spect the same, make such recommendations relating to their 
management as he may deem necessary, and make such report 
thereon as shall give full information concerning their num- 
ber, character and efficiency. 

State aid for, how secured. Section 5 (as amended by Chap- 
ter 509, Laws of IDOf)). Any school established under the pro- 
visions of this act, whose courses of study and the qualifications 
of whose teacliers have been approved by the state superintend- 
ent, may, upon application, be placed upon an approved list of 
county training schools for teachers. A school once entered 
upon such list may remain listed and be entitled to state aid so 
long as the scope and character of its work are maintained in 
such manner as to meet the approval of the state superintend- 
ent ; provided, that he shall not place upon said list more than 
twelve schools. O'n the first day of July in each year the secre- 
tary of each county training school board maintaining a scliool 
on the approved list, shall report to the state superintendent 
setting forth the facts relating to the cost of maintaining the 
school, the character of the work done, the number and names of 
teachers employed and such other matters as may be required. 
Upon the receipt of such report, if it shall appear that the school 
has been maintained in a satisfactory manner for a period of 
not less than ten months during the year closing on the thirtieth 
day of the preceding June, the said superintendent shall make a 
certificate to that effect and file it with the secretary of state. 
Upon receiving such certificate, the secretary of state shall 
draw his warrant, payable to the treasurer of the county main- 
taining such school, a sum equal to two-thirds the amount 
actually expended for maintaining such school during the year. 



MISCELLANEOUS LAWS— TRAINING SCHOOLS. 187 

provided, that the total amount so apportioned shall not exceed 
thirtj-five hundred dollars in any one school year. 

Certificates to graduates; effect of. Section 6 (as amended 
by Chapter 509, Laws of 1905). Any person who shall com- 
plete in a satisfactory manner the course of study prescribed for 
any county training school, and who shall be of good moral 
character, shall receive a certificate signed by the principal of 
the school and by the members of the county training school 
board. Said certificate shall certify that the person named 
herein has satisfactorily completed the course of study ♦jrescribed 
for the county training school, and is of good moral character ; 
it shall also contain a list of the standings secured by the person 
on the completion of each of the studies pursued in the school.' 
Such certificciles shall have the force and effect of a third grade 
certificate issued by the county superintendent of the county or 
district in which the school is located, for the term of three years 
from the date of its issue, provided that in case the holder there- 
of has never taught, or cannot furnish satisfactory evidence of 
having succecffull}^ taught for at least one school jeav (seven 
months) in the public schools of this state, said certificate shall 
be of full force and effect for one year only, from its date of is- 
sue. When satisfactory evidence of successful teaching for at 
least one year (seven months) upon said training school certifi- 
cate shall be furnished to the county or district superintendent, 
said superintendent shall remove the limitation, whereupon the 
training school certificate shall have the full force and eftect of 
a third grade teachers' certificate for two additional years. Any 
school superiutendent or ofiicer authorized to grant certificates 
to teachers in Wisconsin schools is hereby authorized, in his 
discretion, ro accept standings obtained by the completion of 
studies in anj^ county training school in the state, Avhen duly 
certified by the prineioal of said school, in lieu of actual exam- 
ination by said superintendent or examiner at any time within 
three years frrm the date of the certificate of completion of the 
course by the person desiring to have such standings accepted.. 
This provision shall apply to certificates of third and second 
grades. 

Joint training school "between counties. Section 7. The 
county board of two or more adjoining counties may unite in 
establishing and maintaining a training school for teachers for 
the purpose and on the same general plan as provided for in 



-[gg SCHOOL LAWS OF WISCONSIN. 

chapter 373, laws of 1901, and may appropriate money for its 
maintenance, and whenever two or more connties nnite in es; 
tablishing such a school, the county superintendent of the 
county in which the schoolhouse is situated shall he ex-officio 
secretary of ihe board, and two meml)ers in addition shall be 
chosen from each county, and no member of any county board 
of supervisors shall be eligible. 

Cost of joiivt training school^ how apportioned. SECTioisr 8. 
Whenever tv;o or more counties unite in establishing and 
maintaining such school, the county school board provided for 
in such cases shall determine the amount of money necessary 
for the maintenance and equipment of the schoolfor the next 
succeeding vcar, and annually thereafter. They shall appor- 
tion the amount to be raised by taxation among the counties 
■ in proportion to the assessed valuation of the real and personal 
property in each county as last fixed by the state board of as- 
sessment, and shall report to the county clerk of each county 
on or before the first Monday of l^ov ember in each year, the 
amount of the apportionment so fixed, and such amount shall 
be levied in ihe county tax of each county for the ensuing year, 
for the support of the school. " 

Who shall be treasurer; money, how expended. Section 
9. The county treasurer of the county in which the school 
is located sJiall be ex-offieio treasurer of the training school 
board and all moneys appropriated and expended under the 
provisions of this act shall be expended by the, board of said 
county training school and shall be paid by said county treas- 
urer on orders drawn by the secretary and countersigned by 
the president. 

Who may be admitted. Section 10. The board of any 
training school for teachers established under this law in a sin- 
gle county, or by two or more adjoining counties, shall ad- 
mit to said school, whenever the facilities provided will war- 
rant said board in so doing, any person prepared to enter such 
school, and who may reside in any county but not within the 
district where any training school has already been established. 
Persons so admitted shall be entitled to the same privileges 
and subject to the rales of the board adopted for the govern- 
ment of such school. 



MISCELLANEOUS LAWS— TRAINING SCHOOLS. ^[39 

Tuition of non-residents, how collected. Section 11. Wlien- 
ever any person not residing in any training school district slial] 
become^ a student in any trainin^g school, the board of such 
school is hereby empowered to charge a tuition fee for such 
person to be iixed by a majority of the members of said board 
at a regular nieeting thereof. . The county board of supervisors 
of the county of which such person is a, bona fide resident, is 
herehy authorized and empowered to provide by tax upon the 
property of tlie county, a sum sufficient to provide for the pay- 
ment of the tuition on account of the residents of said county, 
who have attended such teachers' training school, and the 
amounts so levied shall be collected when and as other taxes 
are collected^ and shall be paid by the county treasurer of said 
county to the county treasurer of the county in wdiich the train- 
ing school enrolling such person is situated, and the amount so 
received by tuch treasurer shall be placed to the credit of the 
teachers' training school district. 

Appropriation. Section 12. There is hereby appropriated 
out of any money in the treasury not otherwise appropriated, a' 
sufficient sum to carry out the provisions of this act. 

This chapter clearly explains its purpose^. It provides that two mor3 
county training schools for teachers may be added t-o the number al- 
ready in operation, and also that persons residing in counties not hav- 
ing such schools may attend upon payment of a tuition fee. 



Free public lectures. Section 1. (Chapter 336, Laws of 
1901, as amended by Chapter 125, Laws of 1905). The board 
of school directors or the board of education of any city is here- 
by authorized and empowered to provide for the employment of 
competent persons to deliver evening lectures on the natural 
sciences, on historical, literary, or other educational subjects, in 
the public school buildings, in public library buildings, or in 
other suitable places of said city. 

Section 2. The said board of education shall have power 
to purchase the books, stationery, charts and other things neces- 
sary and expedient to successfully conduct said lectures which 
it shall have power to direct. 

Section 3. ISTo admission fee shall be charged and ^at least 
one school building -or public library building shall be desig- 
nated by said board of education for the purpose of carrying 



190 



SCHOOL LAWS OF WISCONSIN. 



out the provisions of this act; and said lectures shall -be deliv- 
ered in such echool or library building between the first day of 
October and the 31st day of March in each year, which lectures 
shall be advertised in a newspaper published in said city at least 
one week in advance of the delivery thereof. 

Section 4. The board of education is hereby authorized, 
pTevious to the first day of September in each year, to meet and 
provide the necessary appropriation for the purpose of carrying 
out the provisions of this act. 



INSTRUCTION OF DEAF MUTES IN VILEAGES AND CITIES. 

Day schools for the deaf; control of; state aid. (Chapter 8G, 
Laws of 1903, amending Section 578, Statutes of 1898.) Sec- 
tion 1. Upon application by the board of education of any 
village or city, made to the state superintendent, he may, by and 
with the consent of the state board of control, grant permission 
to such city or village to establish and maintain within its cor- 
porate limits one or more schools for the instniction of deaf 
mutes who are residents of this state. The board of education 
of any village or city which shall maintain one or more such 
schools, shall, through its clerk or secretary, report to such su- 
perintendent and board annually, and oftener if they so direct, 
such facts in relation to such school or schools as they may re- 
quire. The^c shall be paid out of the state treasury annually, 
in the month of July, to the treasurer of every such city or vil- 
lage maintaining such school or schools under the charge of one 
or more teachers, whose qualifications shall be approved by the 
state superi;uendent, the sum of one hundred fifty dollars for 
each deaf mute pu]iil instructed in such school or schools at 
least nine months during the year next preceding the first day 
of July, and a share of such sum proportionate to the term, of 
instruction of any such pupil as shall be so instructed less than 
nine months during such year. 

This chapter takes the power to organize day schools for deaf mutes 
in villages and cities from the common council of any city or the 
board of trustees of a village and gives the authority into the hands of 
the board of education instead. 



MISCELLANEOUS LAWS— SCHOOLS FOR THE DEAF. ;[9;i^ 

Inspector of schools for the deaf. (As created by Cliap. 422, 
Laws of 1901.) Section 579a. The state superintendent of 
public instruction may appoint a competent person who shall 
act under his direction as inspector of public day schools for 
the deaf and for the Delavan school for the deaf. When not 
engaged in the inspection of the schools for the deaf, he may 
be assigned for such other duties as the state superintendent 
may determine and designate. The inspector shall receive an 
annual salary of fifteen hundred dollars and re-imbursements 
for all actual and necessary traveling expenses incurred, when 
duly certifie-l by the state Superintendent; provided, that no 
more than five hundred dollars shall be allowed for expenses. 
The salary lad expenses shall.be paid in the same manner as the 
state officers are paid. It shall be the duty of the city or vil- 
lage treasurer receiving the money provided for in section 578 
of the statutss of 1898 to render annually to the superintendent 
of public instimction an itemized statement of all expenditures 
of said day school. All unexpended moneys appropriated by 
the state for the maintenance of said schools, shall be returned 
to the state treasurer before July first of each year. All sur- 
plus now on hand with village or city treasurers belonging to 
the day schools shall be returned to the state treasurer on or 
before the first day of July, 1901. It shall be the duty of the 
inspector to leport annually to the superintendent of public in- 
struction as to the condition and progress of the day schools, 
and make such recommendations as he may deem proper for the 
improvement of the same. 

School supfirintendent's duty. Section 577. It shall Idc the 
duty of eacii county and city superintendent of schools to send 
to the superintendent of the school for the deaf and dumb the 
address of the parent, parents, guardians or other persons in his 
county or city who have the custody of deaf mute children, and 
to inform such persons respecting the schools for such children 
in this state and the conditions of admission to them. The su- 
perintendent of the state school shall furnish each such school 
superintendent with sufficient printed matter to enable him to 
learn such conditions and with the names and residences of all 
the deaf mute children known to be in the superintendent dis- 
trict. Every such school superintendent shall include in his 
annual report a statement of the number of deaf mute children 



192 SCHOOL LAWS OF WISCONSIN. 

of school age in his city or county then receiving an education 
and the number not being educated, and of the number of per- 
sonal visits made to induce the parents, guardians or other cus- 
todians of such children to give them a proper education. 

School boards in cities of the first class. (Chapter 273, Laws 
of 1905, repealing Chapter 186, La\ • i' 1897, as amended by 
Chapters 58, Lav^s of 1899; 130. and 357, Laws of 1901, and 
100; Laws of 1903.) Sfx'tion 1. The public schools in every 
city of the first class, whether organized under general or special 
charter, shall be under the general management, control and 
supervision of a board of school directors, consisting of twelve 
members from the city at large, selected as provided in this act. 
'No person holding any ofhce in any political organization, or 
any lucrative city, county or state office, other than a judicial 
office or that of notary public, shall be eligible to be a member 
such board of school directors. . The members of every such 
board of school directors shall, before entering upon the duties 
of such office, take and subscribe the oath of office prescribed in 
the constitution of this state, and shall file the same, duly certi- 
fied by the officer administering the same, with the city clerk. 

Section 2. The boai'd of school directors of cities of the 
first class in Wisconsin shall consist of twelve (13) members, 
who shall be qualified voters of such city, who shall be elected as 
hereinafter provided at a school election to be held biennially 
on the first Tuesday in April, the first election under this act to 
be held on the first Tuesday in April, 1907. The school elec- 
tion shall be held at the same time and place and under the 
ch^.rge of the same election officials as the election of judiros or 
other officers held on the same date; but, unless the voting is 
by Acting machines, separate ballot boxes shall be provided to re- 
ceive the ballots for members of the board of school directors, 
which ballots shall be prepared and supplied to the election 
officials in the same way as other ballots are provided and sup- 
]died for other elections. , At such school elections the candi- 
dates receiving the greatest number of votes for the several posi- 
tions shall be declared elected. 

Section 3. Before the first dav of July next following the 
date when this act shall become effective in any city, the circuit 
judges of the judicial circuit in which such city is situated shall 



MISCELLANEOUS LAWS— CITIES. -j^93 

meet, and shall appoint twelve (12) members of the board of 
school directors, four of these members to serve for a period of 
two (2) years from the next following first Tuesday in July, 
four to serve for a period of four (4) years from the next fol- 
lowing first Tuesday in July, and four to serve for a period of 
six (6) years from next following first Tuesday in July; and at 
the school elections to be held on the first Tuesday in 
April preceding the expiration of the terms of these members so 
appointed, their successors shall be elected by the qualified 
voters of such city to serve for the term of six (6) years or until 
their successors are elected and qualified. All vacancies in the 
said board of school directors caused by resignation, removal, 
death or resulting from any cause, shall be filled by the board, 
a majority vote of the remaining members being necessary to a 
choice. Members so elected by the board shall serve until the 
first Tuesday of July following the next school election, at 
which election the vacancies shall be filled for unexpired terms 
in the same manner as members are elected for a full term. 
Provided, that the members of boards of school directors in office 
when this act becomes effective in any such city shall hold their 
offices until the next following first Tuesday in July, and during 
such period shall continue to exercise all the rights and privi- 
leges and discharge the duties devolving upon members of board 
of school directors under the provisions of this act. 

Section 4. The nomination of candidates to be voted for 
as members of the board of school directors shall be by petition, 
and any person on whose behalf a petition shall be presented to 
the proper ofiicials not less than ten days before the date of 
such school election, signed by not less than five hundred quali- 
fied voters of the city, shall be entitled to have his name placed 
upon the ballot to be voted for as a member of such board of 
-school directors, l^ominations for members of such board shall 
not be under any party designation, but shall be "for member 
of the board of school directors for the full tenu" or "for mem- 
ber of the board of school directors for two years, to fill va- 
cancy," etc. 

Sectiok 5. ^ The board of school directors shall meet on the 
first Tuesday in July in each year, and organize by the election 
of the proper officers. A president shall be elected by said 
board fi^om tlicir own number to serve for one year, or until his 
successor shall be chosen, and in his absence or during his dis- 
13 



194 SCHOOL LAWS OF WISCONSIN. 

ability the board shall elect a president pro tempore. After his 
election the president shall appoint standing committees, to 
serve for one 3^ear. No member shall be appointed on the 
committees on examinations and appointments who has previous- 
ly been appointed or served, at any time, as a member of the 
committee on complaints against teachers and janitors. The 
seat of any member shall be declared vacant by the board and 
the vacancy shall be filled by them by election in the manner 
hereinbefore provided, if the said member has been absent for 
four successive meetings of the board without satisfactory 
reason presented by him in writing. In case of the absence or 
inability, from any cause, of any officer appointed by said board 
to perform the duties of his office, said board may appoint some 
suitable person to act in his place and stead during his absence 
or inabilit''/ ; and such person shall have and possess the same 
power or authority as the officer whose place he is appointed 
temporarily to fill. 

SECTION 6. The meiAbers of the board shall be subject to all 
restrictions, disabilities, liabilities, punishments and limita- 
tions prescribed by law as to members of the common council 
in their city and they shall be exempt from jury duty. The 
circuit judges of the circuit in which such city is situated may 
remove iiiy meuxber of the board for causes for which members 
of the common council are removable. The board shall not in 
any une year contract any debt or incur any expense greater 
thai., the amounc of the school funds subject to its order as pro- 
vided in this act. A majority of the members of the board 
who have dtily qualified shall constitute a quorum for the 
transaction of business, but a smaller number may adjourn. A 
majority of the whole board shall be necessary to elect any of- 
ficer authorized to be elected by said board. Eegular meetings 
of the board shall be held at least once each month at stated 
times to be lixed and published by the board in" its rules, and 
special meetings may be called and held as shall be provided 
by the rules of the board, at which no other business shall be 
transacted than that specified in the notification thereof, which 
shall be given personally or mailed to each member at least 
twenty-four hours before the time of such meeting. 

Section 1. The board of directors of each city in wdiich 
this act shall be applicable is hereby authorized and required 
to establish and organize so many public schools, in addition to 



MISCELLANEOUS LAWS— CITIES. ;j^95 

those already established in such city, as may be necessary for 
the accommodation of the children of the city entitled by the 
constitution and laws of the state to instruction therein. The 
said board, as herein provided, shall erect, -purchase, hire or 
lease buildings, improve or enlarge the same, and purchase fur- 
niture and lots for the accommodation of such public schools of 
said city, and to purchase, install and maintain heating sys- 
tems in said schools, and to enter into contract for the carrying 
out of any of the purposes authorized in this act; pi'ovided, 
however, that when the board of directors shall contemplate 
the doing of any work or the purchasing of any material, the 
estimated cost of which shall exceed the sum of $500.00, said 
board of directors shall advertise for proposals for doing the 
same, a plan or profile of the work to be done, accompanied 
with specifications for doing the same, or other appropriate 
sufficient description of the work required to be done, and all 
the kinds or quality of material to be furnished, being first 
placed on file in the office of said board for the information of 
bidders and others. Such advertisement shall be published at 
least six (6) days in the official papers of such city and shall 
state the work to be done and the time for dging the same, 
which shall in all cases be such reasonable time as may be neces- 
sary to enable the contractor with proper diligence to perform 
and complete such work. All proposals shall be sealed, and 
directed to said board and shall be accompanied with a bond to 
such city in the penaT sum not less than thirty per cent of the 
amount of the board's estimate of the cost of such work, as such 
board in such advertisement may direct, and such board in 
letting any such contract and in doing such work shall proceed 
in manner and form and have the power and authority in 
manner and form as is vested in the board of public Avorks, or 
other public officer or officers, of any such city for the doing of 
any ]>ul)]ic work and the entering into contracts therefor. Such 
board shall also have authority to reserve the right to reject any 
and all bids submitted. Such contracts shall run in the name 
of the said city, shall be executed and signed by the president 
and secretary of the board of school directors, countersigned by 
the comptroller of said city, and shall be approved by the city 
attorney of the said city, as to form and execution. The selec- 
tion of sites for school buildings and adoption of plans for the 
erection of school buildings, shall be determined by a committee 
consisting of the president of the board of school directors, the 



196 



SCHOOL LAWS OP WISCONSIN. 



chairman of the committee on buildings of the said board 
of school directors and the superintendent of schools who shall 
be known as the statutory committee on school sites and plans. 
Their decision shall be subject to the approval of the said board 
of school directors. The school houses now erected and the lots 
on which they are situated and the lots now or hereafter pur- 
chased for school purposes and the school houses thereon erected 
shall be the property of the city; no lot shall be purchased or 
leased, nor shall any school house be erected without resolution 
duly passed by the board of school directors. Deeds of con- 
veyance and leases shall be made to the city. The said board 
shall also have the power to establish and define from time to 
time the boundaries of all common and high school districts, in 
such manner as they may deem best calculated to promote the 
interests of the schools. The board shall also have the power, 
subject to the powers and regulations of the city service com- 
mission, to employ all janitors necessary in the school houses of 
their city and to fix their compensation, but the principal of 
each school shall be custodian of all buildings and rooms oc- 
cupied by the school over which he presides, and shall have the 
general supervision over the same, and shall direct the janitor 
thereof in relation to the keeping and care of such buildings and 
rooms. 

Section 8. The board of school directors shall have the 
power to adopt for us© in the several public schools of any such 
city, suitable text books subject to the provisions of the next fol- 
lowing section. Said text books shall be uniform in the various 
schools and when the board shall have adopted for use in the 
public schools of any such city, any text book or text books, the 
same shall not be changed by the board for five years next there- 
after; and the board shall require that the system of instruc- 
tion in the several schools under its control shall be as nearly 
uniform as possible, and shall adopt at its discretion, and 
modify or repeal, by-laws, rules and regulations for its own 
government, and for the organization, discipline and manage- 
ment of the public schools under its control, and generally adopt 
such measures as shall promote the good order and public use- 
fulness of said schools ; provided that such by-laws, rules and 
regulations shall not conflict with the constitution and laws of 
the state. 



MISCELLANEOUS LAWS— CITIES. 



197 



Section- 9. The board of school directors shall elect by 
ballot at the regular meeting preceding the expiration of the 
term of office of the superintendent of schools who is in the of- 
fice when this act shall become effective, a person of suitable 
learning and experience in the art of instruction, and 
])ractical familiarity with the most approved methods of or- 
ganizing and conducting a system of schools, for superin- 
tendent of schools, and said superintendent of schools shall 
hold his office until the first day of July next folio wing ' his 
election as herein provided, and for three years thereafter, ex- 
cept in case of removal as herein provided, and each third year 
thereafter the said board shall elect at the first regular meeting 
in May, a superintendent of "schools, as provided herein, who 
shall serve for the term of three years from the first day of July 
next following his election. The superintendent of schools 
shall, under the direction of the board, have a general super- 
vision of the public schools and of the teachei's in the cities 
aforesaid and of the manner of conducting and grading of the 
said schools. He shall appoint, subject to confirmation, by 
the board, assistant superintendents and such other assistants 
and supervisors as may be authorized by the board. Such 
superintendent shall be an advisory member of every commit- 
tee of the board, except at times where any inquiry into his acts 
or investigation of his official conduct shall be under considera- 
tion by such committee. A committee, consisting of the ])resi- 
dent of the board and four members of the board selected by 
the president, shall on a strict basis of eligibility and fitness, 
examine, certificate, employ, classify, transfer and promote 
teachers. The action of such committee shall be subject to 
amendment, rejection or confirmation by the board. The presi- 
dent of the board and four members of the board, to be selected 
by the president, shall constitute a committee to select and de- 
termine courses of study for the schools, and the text books to 
be used therein. The action of such committee shall be subject 
to amendment, rejection or confirmation by the board. The 
president of the board, together with four members of the board 
selected by him, acting as a committee, may by a majority 
vote dismiss teachers and janitors for misconduct, incompe^ 
tency, inefficiency, or inattention to duty. The action of such 
committee shall be subject to amendment, rejection or confirma- 
tion by the board. The assistant superintendents and other 
supervisors and assistants heretofore referred to shall hold theiy 



198 



SCHOOL LAWS OF WISCONSIN. 



several positions during the term for which the superintendent 
is elected, except in case of removal. The salaries of the super- 
intendent, assistant superintendents and other assistants shall 
be fixed by the board. 

Section 10, The board shall also appoint, as a vacancy 
shall occur, some suitable person to act as secretary of the board, 
who shall receive a salary to be fixed by suck board. It shall 
be his duty to attend the meetings of the board, to keep a record j 
of the proceedings, and a full and fair account of all receipts 
and expenditures of the board, and to do and perfonn such 
other duties as shall be required of him by said board. The 
secretary of the board shall, before entering upon the duties of , 
his office, execute a bond to the city for which he is appointed, J 
in such form and penalty and with such conditions as the board ' 
shall prescribe, with sureties to be approved by said board, 
which bond shall be filed with and kept in the office of the city 
clerk of said city, and the board may require security to be 
given for the faithful performance of his duties by any officer 
or employee of said board, in such form and amount as the 
board shall deem best, and may at any time require of any 
officer or employee additional bond and sureties, in its discre- 
tion.. The secretary of the board shall also take the annual 
enumeration of the children of school age in the city, required 
by law, and shall at the same time collect such further statistics 
and information relating to schools and to the population en- 
titled to school privileges in said city as may be directed and re- 
quired by the board, and he shall receive for such service a com- . 
pensation or fee of two cents per capita upon the entire enumer- ' 
ation of persons between the ages of four and twenty, residing 
in said city, to be audited by the board and paid out of the 
funds provided for the support of the schools. 

Section 11. It shall be the duty of the secretary of the 
board, within thirty days after tlie appointment of teachers and 
other salaried employees to report to and file with the city comp- 
troller or other auditing officer of the city, a duly certified list 
of teachers and employees so appointed, and a statement of the 
time or times fixed for the payment thereof. He shall also, as 
often as any action by said board changing the salaries of any 
of the officers of said board, or of any of such teachers or em- 
ployees, or making a new election or appointment to any posi- 
tion entitling the person appointed to receive a stated salary, 
immediately after such action is had, in- like manner file with 



Miscellaneous laws— cities. 199 

sucli comptroller or other auditing officer a certified list and 
statement of all such changes and aiopointments. All claims 
and demands against the city or board, before they are allowed 
by the board, shall be audited and adjusted by the comptroller 
or other auditing officer of such city, and immediately after the 
allowance by the board of any claim or account it shall be the 
duty of the secretary of the ' board to furnish to such comp- 
troller or other officer a complete list of the same, together with 
the proper voucher, stating the character of the material or serv- 
ice for which the same were rendered ; and before the warrant 
shall be issued therefor it shall be the duty of such comptroller 
or other officer to sign the same. And said secretary shall also 
make and file with the said comptroller or other auditing officer 
quarterly statements of the condition of the fund for the sup- 
port of schools and of the financial transactions of the board 
during the three months next preceding such statement. 

Section 12. The superintendent of schools, or the secretary 
of the board, may be removed from office for misdemeanor in 
office, incompetency or inattention to the duties of his office, by 
a vote of two-thirds of the board ; provided, that notice in writ- 
ing of charges against him and of the time and place of hearing 
and acting upon the same, shall be served upon the accused at 
least five days'before the time of hearing and before any action 
shall be taken by the board thereon. And the accused shall be 
heard by himself or counsel, and either party may produce wit- 
nesses, who shall be sworn by the president of the board and give 
testimony subject to the pains and penalties of perjury. 

Section 13. The board of school directors is hereby author- 
ized, and it shall be their duty, to maintain the high schools now 
established in -said cities, and to establish and maintain such 
other high schools as may from time to time be found necessary 
by them, and said board shall divide said cities into high school 
districts, and said schools shall be open to students residing 
within said district. 

Section 14. The high schools shall be public schools and 
as such .under the same supervision and control in respect to lo- 
cation, buildings, leases, furniture, teachers, text books and 
course of study, and all other matters as is provided hereinbe- 
fore in the case of common schools. 

Section 15. The course of study in the high schools 
shall be liberal, and shall embrace such studies as said board 



200 CCHOOL LAWS OF WISCONSIN. 

and the superintendent may deem proper, and the board shall 
hare power to grant diplomas in testimony of scholarship and 
literary acquirements. 

Section 16. The said board shall report to the common 
council of each city under this act, at or before the first meeting 
of the council in September in each year, the amount of money 
required for the next fiscal year for the support of all the pub- 
lic schools in said city including high schools, and it shall be 
the duty of said common council to levy and collect a tax upon 
all the property subject to taxation in said city, at the same 
time and in the same manner as other taxes are levied and col- 
lected by law, which, together with the other funds provided 
by law, and placed at the disposal of said city for the same pur- 
pose, shall be equal to the amount of money so required by the 
said board of school directors for school purposes, as provided 
in this act ; the said board shall also report to the common coun- 
cil, at the samp time as above, the amount of money required for 
the next fiscal year for the repair and keeping in order of school 
buildings, fixtures, grounds and fences, the purchase of school 
furniture, and the repair of broken or worn out furniture, the 
making of material bettennents to school property and the pur- 
chase of the necessary additions to school sites, in accordance 
with the provisions of this act, and it shall be the duty of the 
said common council to levy and collect a tax upon all the real 
and personal property in. said city subject to taxation, at the 
same time and in the same manner as other taxes are levied and 
collected by law, which shall be equal to the amount of money 
so required by the said board of school directors for the said 
purpose, as provided in this act ; provided, that the tax so levied 
upon each dollar of the assessed valuation of all property, real 
and personal, in said city, subject to taxation, shall not in any 
one year exceed three and one-half (3I/2) mills for the support 
of all schools, and one-half ( l/o ) mill for the repair and keeping 
in order of school buildings, fixtures, grounds and fences, the 
purchase of school furniture and the repair of broken and worn 
out furniture, the making of material betterments to school 
property and the purchase of necessary additions to school sites, 
and the said taxes for the purposes named in this section shall 
be in addition to the tax to be levied for the general city pur- 
poses upon all the taxable, property of said city. The said tax. 
and the entire school fund of the city shall not be used or ap- 
propriated directly, or indirectly, for any other purposes than 
the payment of the salaries of the superintendent of schools and 



Miscellaneous laws— cities. 201 

his legally authorized assistants, the secretary of the school 
board, and legally qualified teachers whose appointment is con- 
firmed by said board and such employes as the board may deem 
necessary^ the necessary and current expenses of the schools in- 
cluding the purchase of school supplies, apparatus, fuel, gas, 
electricity or electrical power and the other school purposes speci- 
fied in this act. All moneys received by or raised in such city 
for school pui^Doses shall be paid over to the city treasurer, to be 
disbursed by him on the orders of the president and secretary of 
said board, countersigned by the city comptroller; provided, 
that the president, instead of signing each order, may certify 
upon the payrolls furnished by the secretary to the comptroller 
to the fact that the amounts therein are correct as allowed by 
said board. Provided, that the board of school directors may 
provide by resolution for the payment of all persons employed 
by said board in the service of the city upon monthly payrolls 
and the manner in which the same shall be certified, audited 
and ap}:yroved and payment made thereon and such payrolls 
shall in all cases be certified by the president and secretary and 
finance committee of said board of school directors and counter- 
signed by the city comptroller of such city. 

Section" 17. Whenever the board of school directors shall 
deem it necessary to erect new buildings or additions to old 
buildings, or to purchase school sites, they may by a two-thirds 
vote of the members, send a communication to the common 
council of said city, stating the amount of funds so needed and 
the purposes for which it is proposed to use the said funds, and 
requesting the said common council to submit to the voters of 
the said city at the next election of any sort to be held in the 
said city^ the question of issuing the school bonds of said city, 
in the amount and for the purpose or purposes named ; and up- 
on receipt of such request from the board of school . directors 
it shall be and is hereby made the duty of the said common 
council to cause the question of the issuance of the said bonds 
for the said school purposes to be submitted to the voters of the 
said city at the next regular, special or other election held in the 
said city. The question of the issuance of the said school bonds 
shall be submitted upon a separate ballot, or in some other man- 
ner so that the vote upon the issuance of said school bonds shall 
be taken separately from any other question submitted to the 
voters at the same election, and if a majority of the votes cast 
upon such bond proposition shall be in favor of the issuance of 
said bonds, then the common council of said city shall cause 



202 ' SCHOOL LAWS OF WISCONSIN. 

such school bonds to be issued forthwith in the same manner 
as other bonds which have been properly authorized are issued, 
and the proper officials of the said city shall sell or dispose of 
the said bonds in the same manner as other bonds are disposed 
of and the entire proceeds of the same shall be placed in the city 
treasury, subject to the order of the said board of school di- 
rectors, for the purposes named in the request for the issuance 
of the said bonds. Said school bonds shall not bear a greater 
rate of interest than four per cent per annum, and shall be 
payable in twenty years from the date of their issue, one-twen- 
tieth of the principal to be payable each year, and the said 
common council is hereby authorized and it is made their duty 
to levy and collect a tax upon all property, real and personal, 
in the said city subject to taxation, in the same manner and at 
the same time as other taxes are levied and collected, which shall 
be sufficient to pay the interest on all school bonds outstandinsr, 
issued under the provisions of this act, and to pay such part of 
the principal of such school bonds so issued as becomes due and 
payable during the next fiscal year. The amount of such scbool 
bonds outstanding at any one time shall not be greater than one 
per cent of the total assessed valuation of all property, real and 
personal, in the said city subject to taxation, which amount shall 
be in addition to the amount of bonds authorized by law to be 
issued for other city purposes, not provided for in this act, and 
the tax levied to pay the interest on and principal of the said 
school bonds shall be in addition to the tax levied for the general 
purposes upon all the taxable property of said city. 

Section 18. The board shall be governed in all things by 
the school laws of the state, except as they are altered or modi-- 
fied by this act. They shall report to the common council an- 
nually the general proceedings and acts of said board, the num-"' 
her and condition of the public schools kept in said cities dur- 
ing the year, and the time they have severally been taught, the 
number and names of teachers ; the number of children taught 
in said schools respectively ; the result of the annual enumera- 
tion required by law ; the extent of school accommodations in the 
several schools ; the amount of school money raised or received 
during the year, distinguishing the amount received from the 
state fund, from the amounts derived from taxes levied by the 
county board of supervisbrs and by the common council respect- 
ively ; and the accounts allowed by them against the school fund 
in detail, together with such other information as they may 
deem useful, or as the common council may require, A copy 



MISCELLANEOUS LAWS— CITIES. 203 

of said report shall be transmitted to the state superintendent 
of public instruction, and a like copy to the librarian of the 
State Historical Society at Madison. 

Section 19. 'No member of the board of school directors, 
superintendent, assistant superintendent, secretary of the board, 
other assistant, teacher of any common school or high school, 
or janitor or other employe of the board, shall be in any wise 
interested in any purchases or sale of any real or personal prop- 
erty by the city for the use or convenience of any of the schools, 
and no such contract made in violation of this provision shall be 
valid, and any consideration paid by the city upon any such 
purchase -or sale herein prohibited, may be recovered in an 
action at law in the name of the city aggrieved thereby, and any 
person so offending against the provisions of this act shall be 
removed from any position held by him under this act. 

SECTioisr 20. This act is not intended to affect the term of 
office of any person now serving in any capacity by virtue of an 
appointment heretofore made by the school board in any such 
city, but such officer shall continue to serve in the same ca- 
pacity under the board of school directors hereby created for 
the term for which- he was so appointed; subject, nevertheless, 
to be removed from such office for the causes and in the manner 
mentioned in this act. Any vacancy for any cause occurring in 
any office, subject to the provisions of this act, shall be filled by 
appointment for the unexpired term. 

Section 21. This act is amendatory of the charters of the 
various cities to which it applies or may hereafter become ap- 
plicable, and any provision of said charters inconsistent here- 
with is hereby modified, amended or repealed by this act to the 
extent necessary to give full force and effect to the intent here- 
of. All acts or parts of acts contravening the provis'ions of this 
act are hereby repealed. 



GENEEAIi CHARTER LAW DIVIDING CITIES INTO CLASSES AND 
PROVIDING FOR THEIR INCORPORATION AND GOVERNMENT. 

Board of education; appointment; terms; villages and cities. 
Section 925 — 113 (as amended by Chap. 287, Laws of 1899). 
In every city or village which shall adopt this chapter for its 
government, or shall have become newly organized under it by 
reason of the provisions of section 925g, Wisconsin statutes of 



204 SCHOOL LAWS OP WISCONSIN. 

1898, if there stall be or shall have been at the timei of such! 
adoption, a board of education or school board elected by the 
people Tinider the provisions of its charter, or the school district 
system is in force, and in all cases of such cities or villages 
which have heretofore adopted the provisions of this act, or be- 
come newly organized as aforesaid, and which shall have con- 
tinued to act under the old school district or school bo^ard sys- 
tem, the election and organization,, powers and duties of such 
board shall not be affected by this chaj>t.er; and such system 
shall continue until changed by a vote of the electors of such 
school district; provided, that whenever snch school district 
shall embrace within its lianits a portion of the township outside 
of tlie limits of such city or village, tlie said school district shall 
tlieroafter constitute a joint school district of such city and 
township rnitil changed by a vote of the electors of such joint 
school district. In all other cities governed by this chapter, the 
board of education shall consist of one commissioner from each 
ward and three from the city at large, to be appointed by the 
mayor and confirmed by the common council, or elected by the 
council, if determined by ordinance. The mayor in appoint- 
ing, or council in electing the first board, shall divide the mem- 
bers into three classes as nearly equal as may be, one of the -com- 
missioners at large being ini each class, and shall appoint those 
of one class for one year, those of another class for two years, 
and those of the remaining class for three years. Each com- 
missioner shall hold his office for the term designated in such 
classification, and until his successor shall have qualified. Tliere- 
after, all commissioners shall be appointed or elected, and hold 
their ofiices for three years, and until their successors shall have 
qualified. 

This is an amendment to subdivision 113, of section 925, of the Wis- 
consin statutes of 1898 relating to cities, and is so broadened as to in- 
clude villages in certain cases. 

Annual meeting. Section 925 — 114. The first meeting of 
the board each year shall be held on the first Monday in May- 
or as soon thereafter as may be. At such meeting the board 
shall elect one of its members president and another vice-presi- 
dent. The president shall preside and preseiTe order at every 
meeting of the board at which he shall be present, and perform 
such other duties as th^i board shall by rule, by-law or resolu- 
tion from time to time require of him. It shall be the duty of 



MISCELLANEOUS LAWS— GENERAL CHARTER. ^^05 

the vice-president to discharge the duties of the president in his 
absence. 

Secretary and superintendent. Section 925 — 115. In cities 
of the first class the board of education shall, annually at its 
first meeting or as soon thereafter as may be, elect a. secretary 
who shall not be a member of the board. In other cities the 
city clerk shall be ex-officio secretary of the board. In cities 
not under the supervision of a county superintendent, the 
board shall, in like manner at such meeting or as soon, there- 
after as may be, elect a superintendent of schools for the city 
who' shall not be a member of the board. These ofiicers shall 
hold their respective offices for one year and until their succes- 
sors shall have been elected, unless sooner removed by a reso-- 
lution, adopted by a vote of two-thirds of the members of the 
board. 

Authority of board. Section 925 — 116. The board of edu- 
cation shall have authority : 

1. T'o establish and organize such high schools and so many 
district schools and branches of the same, primary schools, night 
schools and kindergartens as they shall deem expedient. 

2. To establish and change from time to time such and so 
many school districts as shall include all the territory of the 
city, and to afford to the people of the city such district school 
facilities as the circumstances of the city and its various parts 
may fro^m time tO' time require; provided, that in cities adopt- 
ing this chapter or being newly organized under it the school 
districts already established shall remain until otherwise or- 
dered by the board. 

3. To purchase and preseiwe such school apparatus as niiay 
from time to time be required. 

4. To grade the schools and prescribe the course of study to 
be pursued therein, and the text-books tO' be used ; provided, 
that such text-books shall not be changed oftener than once in 
five years. 

5. Toi eanploy teachers of all grades and fix their salaries. 

6.. To prescribe rules of order for the regulation of their own 
meetings and deliberations, and alter and repeal the same from 
time tO' time as they shall see proper. 

Y. To' appoint all necessary standing and special committees. 

8, To enact^ amend and repeal all necessary rules, regulations 



206 SCHOOL LAWS OF WISCONSIN. 

and by-laws for the government of the schools, teachers and 
school otlicers, 

9. To fix the salaries and prescribe the duties of the superin- 
ten<leait of schools in cities not under the supervision of a county 
superintendent; to authorize him to appoint such assistant su- 
perintendents, eitlier for general or special sei'vice, as they may 
deem necessary, and fix the salaries of such assistants ; to fix the 
salary of the secretary of the board and his assistants; prescribe 
his duties, whetheir he be the city clerk or one specially elected 
by the board, and in the latter case to authorize such secretary 
to appoint such assistants as they may deem necessary. 

10. To contract for and purchase all necessary fuel for the 
schools and school oflFLces, provide for lighting the same, ap- 
point janitors for the school buildinrs and school oftices, and 
fix their salaries. 

11. To estimate the expenses of Cio public schools as herein- 
after provided. 

12. T'o' exercise all the powers necessarily incident to tlie 
po'wers herein conferred. 

Monthly and special meetings. Section 925 — 117. It shall 
be the duty of said board to hold monthly meetings at such 
times as it shall from time to timie prescribe; special meetings 
may be held under such rules and regulations as the board may 
fix. 

School buildings; office for board. Section 925 — 118. It 
shall be the duty of tlie board of public works except as provided 
in section 925 — 87, under the direction of the council to erect 
and keep in repair all school buildings, and to provide suitable 
offices for the board of education, and its secretary, if there 
be one other than the city clerk, and the city superintendent 
of schools, if any. In the absence of permanent school build- 
ings, or proper offices for the transaction of school business, 
the board of public ^vorks m^ay rent suitable rooms, temporarily, 
for schools or offices, or either. 

Estimates of expenses. Section 925—119 (Statutes of 1893, 
as amended by Chap. 186, Laws of 1899). The board of edu- 
cation shall prior to the first day of March each year make an 
estimate of the expenses of the public schools for the ensuing 
year, including all neoessary incidental expenses and the 
amount thereof which it will be necessary to raise by city tax- 



MISCELLANEOUS LAWS— GENERAL CHARTER. 



207 



ation and certify tlie same to the city clerk, who shall lay the 
same before the cioimiion council at the first regular meeting 
tlierciof in March. It shall be the duty of the comnnon coun- 
cil to consider such estimate and by resolution duly adopted 
prior to the first day of April, detemiiuQ the amount to be raised 
by city taxatiou for school purposes for the ensaing year, 
which amount so fixed shall be included in the annual budget 
to be raised by a tax called the city school- tax, which shall be 
collected tlie same as other taxes. It shall be the duty of the 
city treasurer to set aside and keep all moneys raised in any 
way fox school purposes, whether by the state, the county or 
the city, coauing intO' his hands, in a separate fund to be called 
the school fund, and to pay out the same upon the orders of 
the board of education, signed by its president and certified 
by its secretary; provided, that teachers' and janitors' salaries 
may be included in a single ordeir each mionth in the form of 
a pay roll, to be signed and certified as aforesaid; provided, 
further, that in any city adopting this chapter, if at the time 
of such adoption tlie board of education or school board shall 
have power to levy the city school tax or the district school 
taxeS', such power shall continue unaffected by this chapter, 
and this section shall not apply to such city nor be in force 
therein until specially adopted by a vote of three-fourths of the 
members of the council. 

Section 2. (Section 925—142.) On or before the first 
day of October in each year the board of public works, if there 
be one, shall file with the city clerk a detailed statement of the 
amount of money that will be required for the ensuing fiscal 
year in such department, and the city comptroller or the officer 
peirforming his duties shall likewise file a. statement of the 
amount required by the police and fire departments, the general 
and library fund, and for the purpose of paying interest for the 
ensuing year on the public debt and five per cent, of the prin- 
cipal thereof. The city clerk shall place such estimates before 
the council at its next regular meeting, and the council shall 
thereupon, by resolution,, Ic'Vy such sums of m,oney as may be 
sufficient for the several purposes for which taxes are authorized 
not exceeding the amount provided by section 025 — 14-2a. And 
in making such levy they shall take intO' consideration the esti- 
m;ated amount that will be received by the city during the fiscal 
year from licenses or fro'm any other source. 

This is an amendment of section 925, paragraph 119, and 925, para- 
graph 142, of the Wisconsin statutes for 1898, requiring Lhe board of 



208 SCHOOL LAWS OF WISCONSIN. 

education to make an estimate of the expenses for the public schools 
in cities for the ensuing year and to certify the amount which it will 
be necessary to raise by city taxation to the city clerk before the first 
day of March instead of October. 

Women on school boards. Sectiobt 92 G — 16. Any woman 
over twenty-one years of age having an actual residence od' at : 
least one year next preceding the time of her election or ap- 
pointment in the ward or district from which she may be 
elected or appointed, owning at tliat time real estate, in her 
own right, situate in such ward or district, may he elected to ; 
or appointed upon school boards or boards of education in cities ' 
of til 6' second or third classes and hold and exercise ail the 
powers and duties of such office. Removal from such ward 
or district will create a vacancy in the office so filled. Any city 
of the second or tliird class existing under special charter may, ^ 
by ordinance, adopt the foregoing provision in the manner fol- ^ 
lowing: Such ordinance shall be introduced at some regular 
meeting of the common council and no action shall bo taken 
thereon before the next regular meeting thereof; and before ■ 
final action shall be taken thereon it shall be published at least 
once in each week for three successive weeks in the official paper 
or soauie other nGwspn.]:)er tO' he designated by tlie council, to- 
gc'lici- with a notice of the time at wliich such proposed ordi-' , 
nance will be considered. The adoption of such ordinance '' 
shall be by at least three-fourths of all the members elect of 
the common council. When adopted as herein provided such - 
ordinance shall be deemed a repeal of all parts of the special* 1 
charter inconsistent therewith and an amendment thereof. 



MISCELLANEOUS LAWS— GENERAL CHARTER. 209 



XV.-TOWNSHIP SYSTEM OF SCHOOL 
GOVERNMENT. 



Districts and sub-districts. Section 516. Every toMvn 
\vliich is now or miaj hereafter he organized in this state is 
hereby declared, and constituted one school distriob for all the 
purposes in this chapter hereinafter prescribed, and the sev- 
cral school districts and parts of joint districts which are now 
or may hereafter be established in the several organized towns 
sliall be styled and known as sub-districts whenever such town 
HJiall have voted to adopt the township system of school goverH- 
nient as provided in section 552. 

Sub-districts, formation and alteration of. Section 517. 
N"ew sub-districts may be formed and the boundaries of any 
sub-district miay be altered by the tovni board of directors at 
any regular meeting of said boiard ; but tlie formation and alter- 
ation of any joint sub-district shall be by concurrent action 
of the board of directors of all the towns embraced in part in 
such sub-districts ; provided, that no sub-district shall be main- 
tained or fo'rmed which has residing within its limits less than 
fifteen children of school age, and that in any sub-district such 
board may miaint^ain so m^any branch schools as the convenience 
of the school population may require. 

Board of directors. Section 518. The clerks of the sev- 
eral sub-districts in any organized town, to2-othpr with the 
clerks of the joint sub-districts the school-houses of which are 
situated in such town, shall constitute the town board of school 
directors. 

Their powers. Section 519. The said board shall be a 
1)ody corporate and shall possess the usual powers of a corpor- 
ation for public purposes, by the name and style of "the board 
U 



210 SCHOOL LAWS OP WISCONSIN. 

of sc}i(X)l directors of tlle-to^vll " (the name of the to^wm 

to which the board belongs), and in that name shall sue and 
be sued, and be capable of contracting and being contracted 
with, and of holding real and pe:rsonal estate and of selling the 
same, as authorized bj law; and the clerks of the various school 
districts, together with the clerks of the joint school districts 
the school-houses of which are situated in any town adopting 
the township system, shall constitute the first board of directors 
of such town ; they shall meet and organize within two weeks 
after the election at which such system shall be adopted, and 
hold their offices until the next annual meeting of the sub-dis- 
tricts of such town. 

Care of property. Section 520. Each board of directors 
have, in their corporate capacity, the title, care and custody 
of all school-houses, school-house sites, furniture, apparatus 
and other property of all kinds belonging to the sub-districts 
therein, and may control the same in such manner as will best 
subsei've the interests of the schools in their town. 

Meetings. Section 521 (as amended by Chap. 416, Laws of 
1901). The said board shall hold two regular meetings in each 
year. The first shall be the annual mieeting and shall occur 
on the second Monday in June, and be held at, or as near as 
may be, the place where the last annual election was held; 
the second shall be the semi-annual meeting and sliall occur on 
the third Monday in March, and be held at such place as the 
board may desigiiate by rule or as was fixed at the preceding 
annual meeting. The hour of meeting shall be ten o'clock in 
the forenoon. 

Special meeting^s; members; expenses. Section 522. Specia^ 
meetings may be called by the secretary, or in his ahoonce o" 
disability, by the president upon the application of one-tliin' 
of the members of the board, and shall be called by-notifvinf 
each member personally or by leaving a written notice at hi^- 
place of residence or business stating the time, ]>laoe and ol>- 
jects of the meeting at least five days before .the time appointee' 
therefor. The members shall be reimbursed their expenses ac- 
tually and necessarily incurred in attending all me'Ctings, bill"- 
for which shall be audited by tlie board. 

Officers of board; secretary's compensation. Section 523 (as 
amended by Chapter IGO, Laws of 1901). The meml ers of tlie 



TOWNSHIP SYSTEM OF SCHOOl^ GOVERNMENT. 211 

board, a majority of whom shall constitute a quoriim, assemWed 
at each annual meeting-, shall elect from their number a presi- 
dent and a vice president; also a secretary Avho may or may not 
be of their numbc-r, but who shall be a resident of the town and 
hold said office for one year or untiLhis successor is elected. 
Such secretary shall receive compensation of not less than tAvo 
HOT more than three dollars per day for not-to esceeid twemty- 
live days in each school year, and the other memfo'ers of the e^x- 
ccutive committee may, Avhcu the electo'rs at the annual town 
meeting shall soi decide, receive a compensation of two dollars 
l>er day for not tO' excc'ed fifteen days in. any one school year. 
The officers shall present a statement of their services rendered 
at the annual meeting of the board. Vacancies in either of such 
offices may be filled at any special meeting of. the board, the no- 
tice for which shall state the object of the meeting to be to fill 
the vacancy existing, or at any semi-annual meeting; and the 
jiersons elected tO' fill any vacancy shall hold the remainder of 
the uneixpired term. 

Section 2. In.toAvns under the township system of school 
government, the electors assembled at the annual town mee;t- 
in.g to be held the first Tuesday of April, 1901, a.n.d at every 
jinnual meeting thereafter, shall by ballot or viva voce vote 
elect three competent persons, tax pa.yers in the tOAvn, who 
nhall act as a coni.mittee of audit of school district accoamts. 
This crMnmittee shall meet with the secretary of the town 
board of school directors, of said toAvn, on. the Saturday im- 
Tucdiately preceding such -annual towni meeting at. such an 
hour and place as shall be previously agreed upon between . 
such coanmittee' and such secretary of the town ' board of 
school directors. Said secretary shall , thereupon, place in the 
bands of said committee a copy of his report made to the 
toAvn board of su])ervisors under sCiCtion 534 of the statutes of 
1898, Avith all books, accounts a.nd vouchers in any AvaA' relating 
or pertaining to the management and conduct of th.o school af- 
fairs of the tOAv'n. Upon receiiit of said reports., books, accounts 
a,nd vouchers, the committee shall immeidiately proceed to make 
a careful exa.mination thereof and a Avritten report of their 
nudings and conchisions, said report to be presented and read 
!o the electors asseanbled at the annual toAvnmeetin.g, inrmedi- 
•'tely after the presentation by the toAvn b'Oard of supervisors of 
die report made to them by the secretary of the tOAvn board of 
-chool directors and before any action is ta.ken by the electors 
of the town, as provided under section 635 of the statutes of 



212 SCHOOL LAWS OF WISCONSIN. 

1898. Tlie reipo'rt of this committeei shall he signed hy the 
members, or a, majority thervLof, and shall be entered upon the 
reoo'rd books of the secretary of the toAvn board of school directr 
ors, as a part of the records of the town. 

School buildings, sites, etc. Section 524 (as amended by 
Chap. 351, Laws of 1901). The board may, out of the fnnds 
provided by the town for that pairpose, purchase o^r hire sites, 
h'-^nses and rooms for the use of the schools, fence and improve 
t'le same, and upon such sites build, enlarge, alter, improve and 
j'epair school houses, outhouses or other buildings for school pur- 
poses, provide suitable water supiply and arrange for the transpor- 
tation of any or all pupils who live in said to-wn, to and from 
any school or schools which the said board shall have estahlished, 
maintained and designated and whenever any schoool house or 
site is no longer needed for school purposes may sell and convey 
the same, such conveyance to be eixecuted by the president and 
secrcitary of the board. 

Estimates of expenses. Section 525. Said board shall, at 
tlie regular meeting in March, annually estimate and detennine 
the amount of money which will be necessary for the support of 
schools and for the building, and repairing of school houses in the 
tO'Wn for tlie year beginning on the first day of July next follow- 
ing. 

Maintenance and government of schools. Section 526 (as 
amended by Chap. 351, Laws of 1901). Said board shall estab- 
lish and maintain such and so many schools in the several sub- 
districts un.der their charge as they may deem requisite and ex- 
pedient. There shall be at least one common school in each sub- 
district, provided that tliis provision may be suspended for any 
snb-district by the state superintendent, whenever the town board 
of school directors shall present to him satisfactory evidence 
that they have made proper provision for the transpo^rtation of 
pmpils residing in any sub-district, to and from' the school or 
schools in another sub-district or sub-districts, as the case may 
be. The board shall have the supervision, and management of 
all the schools, with 'full power to adopt, enforce, modify and 
repeal, from time to time, all rules and regulations not incon- 
sistent with law^ necessary for tlieir organization, gradation and 
oontrol, and for the instruotion given therein, and to establisli 



1?0WNSHIP SYSTEM OP SCHOOL GOVERNMENT. 213 

and enforce proper pienalties for tlie violation of sucli rales and 
regulations. 

Powers of boards. Section 527. All powers confeiTed upon 

• district boards hj the provisions of this chapter, excepting those 

the exercise of which would conflict with the provisions of law 

relative to the township system, are herebj conferred upon the 

town bo'ards of directors herein pi'ovided for. 

Executive Committee. Section 528. The pesident, vice- 
president and secretary of the town board of directors shall con- 
stitute an executive coininittee, who shall execute all orders of 
tlie board ; and for this purpose all power and authority vested 
in such board shall be deemed vested in tlie executive committee, 
and any duty devolved upon said board shall devolve upon such 
oommittee ; but all the acts of the latter shall be subject to review 
by the board at any regular meeting thereof. 

Employment of teachers. Section 529. The executive com^ 
mittee shall employ so many qualified teachers as they shall 
deem necessary to give instruction in all tlie schools under the 
charge of the board. Each oontraot shall be in writing; shall 
be signed by the teacher and by the president and secretary ; shall 
specify the wages per week, month or year agreed upon by the 
parties, an,d when completed shall be filed in the office of the sec- 
retary of the to'wn board of school directors, with a copy of tli© 
teacher's certificate atta.cilied thereto. 

Secretary's duties. Section 530. The secretary shall record 
all the proceedings of the board ; he shall keep an accurate and 
specific account of all expenses incurred by the board, including 
a list of all orders drawn by him;, with the date, amount, person 
in whose favor and object for which each order was issued ; he 
shall properly file all papers deposited with him in accordance 
with law, and shall keep and preseiwe all books, papers and 
records belonging to his offibe and deliver the same to his suc- 
cessor. 

Map and change of sub-district. Section 531, He shall 
make and keep in his office an accurate map of his town showing 
the boundaries of all suVdistricts and joint sub-districts and the 
location of all school houses and highways therein. When a new 



214 SCHOOL LAWS OF WISCONSIN. 

sulxlistriet is fonncd hy tlio board of directors or one is altered 
]io shall, within ten days thereafter, certify to the clerk of each 
sub-district affected by sncli ferniaticn or alteration a copy in 
writing of the record of the action of the board in the matter. 

Supervision of schools. Section 532. He shall have the im- 
mediate charg-e and snpoTvision of all schools in the town, and 
shall, under the direction of the board, organize and grade them 
and assist the several teachers thereof in classifying and arrang- 
ing them. He shall visit each school in his to\m at least twice 
during each term thereof; shall examine into its condition and 
prog;re!3S ; consult with and advise the teachers in regard to the 
iniethods of instruct" on and govemmont, and. shall report to the 
board fronr time to time such imiyrovements as his experience 
shall dictate are calculated to lencfit the school.-. 

Orders on treasurer. Section 533. He shall draw orders-on 
the to^Yn treasurer for moneys in the hands of such treasurer 
which have been ap]>ortioned to the town and for money collected 
or received by him from other "sources for school purposes for the 
payment of teachers' wages, the purchase of school sites, the 
Imildiug, buying, hiring, repairing and furnishing of school 
houses and for. all other lawful ]);:r poses, and each order shall 
designate the object for which and the fund upon which it was 
drawn and shall be countersigned by the president. 

The town government has no control of schools estahlished under 
th& town system. Even the electors of the town have no control ex- 
cept ti) refuse to vote the estimates presented by the hoard. The 
treasurer holds all school money for the benefit of the school board, 
and it can only be paid out on its order. The town, having no author- 
ity as such to provide any moncyr. for the support of the schools under 
the care of the board of directors, is not ]ial)le upon the orders issued 
by that board when there are no funds in the hanfils of its treasurer 
to pay such orders: Miller v. Jacobs, 70 Wis., 122. 

Secretary's report. Suction 534. It shall be the duty of the 
secretary, at least five days l:ofore the annual town meeting or 
election ea,ch year, to nmke to the board of suporvisors of the 
to'war a written statement showing the recei]7ts of money for 
school purposes from all sources, and the disbursements of the 
same, actual and estimated, during the year ending on the last 
day of June next following, in' Avliich statements shall be giveiT 
under separate heads: 



TOWNSHI? SYSTEM OF SCHOOL GOVERNMENT. 215 

1. Tlie amoimt in the treasury at tlie beig'iniiing of the year. 

2. Amoiint received from, the state fund. 

3. Amount collected by town treasurer. 

4. Amount received from all other souroea 

5. The manner in which the sums have been expended, speci- 
fying- the amount paid under each head of expenditure. 

G. Amount remaining in treasury, 

7. Amount of indebtedness of the township district and when 
and how payable. 

The secretary shall aecompany the above statement with esti- 
mates of the board of the amount necessary for the support of 
schoolsi during the year beginning on the first day of July next 
followiug, specifying: the sums needed, under the following 
heads : 

1. Amount of teachers' wagesu 

2.' Amount for school house sites and, for building-, leiasing or 
purchasing school houses.' 

3. Amount for fuel. 

4. Amount for incidental expense®, including repairs, furni- 
ture, maps-, globes, charts, and for all needful school room ap"- 
purtenances. 

5. An amount not to exceed on© hundred doUarsi to purchase 
libra,ry books. 

Action by electors on estimates. SECTioisr 535. Each town 
board of supervisors shall present such statementsi and estimates 
to the electors of the town at the amiual town meeting, and the 
items thereof shall be passed upon separately by a vote of the 
electors present, but upon motion they may be increased or 
diminished ; and if, for any reason, money for the support of 
schools shall not be voted at such meeting, or a sufiicient amount 
shall not then be voted, the supervisors shall present the estimates 
before mentioned tO' the electors at the general election for a vote 
thereon. 

School registers. Section 536. The secretary shall furnish 
school registers in the form prescribed by the state superinten- 
dent, in which every teacher in the town shall be required to en- 
ter the names, ages and studies of all the scholars attending 
sdiool, and, daily, their attendance and absence, which register 
shall be deposited with the derk of the sub^district at the end of 
ea,ch term of school. 



216 SCHOOL LAWS OP WISCONSIN. 

Report to superintendent. Section 537. It shall be the duty 
of the secretary, on or before the first day of August in each 
year, to make and transmit to the county superintendent a report 
in writing; bearing date on the first day of August in the year of 
its transmission, stating: 

1. Tbe whole number of sub-districts separately set off within 
the town, and the number of parts of joint subi-di&tricts in which 
the school houses belonging thereto are located in his town. 

2. The sub-districts and parts of sub-distriots from which re- 
ports shall have been made within the time limited for tha.t piur- 
]?ose. 

3. The length of time a school shall have been taught in each 
of said sub-districts or parts of districts by a qualified teacher. 

4. The n.umber of children taught in each, and the number 
of children over the age of four and under the age of twenty 
yeaxs residing in each, designating males and females separ- 
ately. 

5. The wdiole amo'unt of money received in the town for 
school p'urjDiose® since the date of the last preceding repo'rt, set- 
ting forth separately the amount received from the state through 
the county treasurer, tlie amount levied by the county board and 
the amount raised by the town at its annual town meeting or gen- 
oral eiectioni. 

6. The manner in which, said money has been expended, and 
whether any, or what part, remains unexpended, with such other 
infonnation as the state superintendent may from time to time 
require. 

School taxes. Section .538. The town clerk shall apportion 
all sums voted for tlie sup>port of schools upon the taxable prop- 
erty of the town as found in the tax roll for the year in which 
said money is voted, and the sums so apportioned shall, in all 
respects, be collected or returned delinquent like other taxes, 
and when collected tlie money shall be held by the treasurer and 
bci by him paid out on the order of the president and &ccret,ary 
of said board. 

Taxation in counties, towns and school districts. (Qiapter 
439, Laws of 1903, amending Section 1074, Sub-division 1, of 
vSostioai 776, and also Section 730a, Statutes of 1898.) Section 
1074. The ooiunty board shall also, at said iheeting, determine 
by resolution the amount of taxes to be levied in their county for 



Township system of school government. 21? 

coimtj purpioses for tliei year, and also tli© amount to he raised 
hj tax in^ eaeli tO'wn for tlie support of common schools therein 
for the ensuing year, which shall not in any town- be less than 
the amount apportioned to such town in the last apportionment 
of the inooauie of the school fund ; and by separate resolution, 
adopted by majority of the members of the board not prohib- 
ited from voting thereon by section 703, detennine-tlie amount 
of tax to bie levied to piay the coanpensation and allowances of 
the county superintendents of schools and designate therein 
the cities exempt from taxation therefor; provided, ho^^'ever, 
that the total amount of county taxes assessed, levied and car- 
ried out against the taxable property of any county in any one 
year shall not exceed in the whole onedia.lf of one per centum 
of the total assessed valuation of said county foT the preced- 
ing year as fixed by the state board of equalization, excepting 
in so far- as a larger piercentage tn^iy be necessary in order to 
meet indebtednei&s incurred prior to the passage and publica- 
tion of this act. 

Koads and bridges. (Sub-division 1, of Section 776, 
amended by Chapter 439, Laws of 1903, as amended by Chapter 
13, Laws of 1905.) To vote to raise money for the repair 
and building of roads or bridges, or either ; for the support of 
the poor and defraying all other charges and expenses of the 
. town ;• provided, however, that the total taxes levied in any 
town for any one year for all town purposes, exclusive of school 
taxes and liabilities heretofore lawfully incurred, shall not ex- 
ceed in the whole, one and one-half per centum of the total as- 
sessed valuation of such town for the preceding year, as equab 
ized by the town board of equalization, unless a larger sum is 
needed for the building or repairing of highways or bridges, m 
which case the electors may vote and the proper authorities may 
levy, not to exceed one-half of one per centum in addition to the 
aforesaid one and one-half per centum ; provided, further, 
that not exceeding two per centum additional may be levied for 
school purposes when under the township system of school gov- 
ernment. 

Limitation of taxes. Section 430a. The total amount of 
school district tax hereafter levied in any school district m this 
state in any one vear for building, hiring or purchasing any 
school building, and for the maintenance of schools, including 
teachers' wages and incidental expenses, shall not exceed two 



0|g SCHOOL LAWS OP WISCONSIN. 

per cent, of the total as«c:sed valuation of taxable property in 
sncli school district for the preceding ycrir. 

This chapter is printed here as a whole, although parts of its have 
already heen givon in other places in this volume. It is of general > 
interest to all toY>n and d'strict -officers and voters and should he 
carefully stuuied in order that action ta.^en at town and district meet- ■' 
ings may not be declared invalid for lack of complying with the stat- ; 
ute. It seems to limit the amount of tax walch may be levied for all 
school purposes to two per cent, of the assessed valuation in towns 
under the tov/nship system of school government and to two per cent, 
in all other school districts. 

Proceedings if electors do not vote enough. Section 539. If 
thn electors of a town shall fail to vote an anion nt of money snffi- ;■ 
cient to maintain, a school in each snb-distriet for seven months 
during the year ensuing, the secretary shall, on or before the 
third Monday of l^Tovember of the year in which, the electors 
sliall so fail, certify to the town clerk the amount estimated by - 
the board of directore to be necessary for teachers' wages, fuel, i: 
roj-air of school houses and incidental expenses, and the to^vn ," 
clcn'k shall apportioar the aggregate snni thus certified upon all 
the taxable property of the town in the tax roll for that yea.r and 
the town treasurer shall collect the same as other taxes. 

Town treasurer's duty. Section 540. The town treasurer of 
eack town shall apply for and receive from the treasurer of his . 
comity all -money apportioned for oommon schools in his town, 
and shall keep it, together Avith all money collected or received ; 
by him for school piurposcs in a fund separate and distinct from, 
all other money belonging to- Ijlie town, and shall pay out the . 
same only upcm. the order of the president and secretary of the J 
town board of directors. The town treasurer shall place to the ' 
cr(Mlit of the school fund all money levied in the town for school 
purposes before placing any sum to the credit of any other fund 
or paying any town OTdor. 

Sub-district meeting. Section 541 (as amended by Chap. 
41C), Laws of 1901). The annual meeting of each sub-district 
sliall l>e held on the first Monday in June unless that bei a legal 
holiday, in which case it shall be held on the next day at seven 
o'clock in the afternoon. Such meeting shall be held in the 
sehool house in the: sub-district if there be one ; and if there be 
none, at such place as the last annual meeting was held, unless 



TOWNSHIP SYSTEM OP SCHOOL GOVERNMENT. 



219 



sucli meieting shall liave agreed upoii anotlier place, in wliicli 
case it sliall he held at such place. 

Powers of meeting. SiECTiON 542. The inhabitants qualified 
by law tO' vote at a sub-distriot meeting, when assembled in an- 
nual meeting, shall have power and it shall be their duty : 

1. Tb' ap^wint a chairman for the time being. 

2. To appoint a secretary if the clerk shall be absent. 

3. To chovose a clerk. 

4. To recommend to the town/ board of directors the nnmber 
.of months they desire to^ have school maintained in their sul> 
district tlie ensuing year, and whether they desire a male or fe- 
male teacher; the improveanents and repairs which O'Ught to be 
made on the school house, onthouse and grounds; what maps 
and charts or other aid« in teaching -should be furnislied, and 
generally- any thing, matter or plan which in their judgment 
will advance the cause of education and benefit the school of . 
their sub^-distriet. - ^ 

Clerk's duties. Section 543. The clerk shall record the pro- 
oec dings of all sub-district meetings ; shall certify to the town 
board of directors any recommendations adopted by the electors- 
of his sub-district in acoordance with the provisions of the pre- 
ceding seotiion, and shall have; charge of the school house and of 
rail property therein or belonging or attached thereto', subject to^ 
the order or direction of the board of school directors. 

Clerk, member of board, Ms report. Section 544. The clerk 
of thei sub-district shall be a, mendjcr of the t6wn bnard of school 
directors, sliall attend albmec tings of the b-rard, and shall carry 
out all lawful orders of the same having reference to the scl iiol 
house of his district or the schcc;l maintained therein. It si mil 
be the duty of the sub-district clerk, between the -tenth and fif- 
teenth days of July in each year, to- make and transmit to the 
secret/ary of -^he town, board of school directors a, wrilteu rejort, 
dated en the lenih day of July of such year, signed by him and 
verified by his affidavit, showing: 

1. The number of children, male and female designated sep- 
arately, over the age of four and under the age of twenty years, 
residing in. the district, and the names of their j^nrents or other 
pc-rsons with whom such children resided respectively on the last 
day of June pireeeding. 



220 SCHOOL LAWS OF WISCONSIN. 

2. The "wliole number of children, males and females, desig* 
nated separately, between, the ages of four and twenty years, 
taught in the district school dnrin.g' the; year for which snch re- 
port is made by teachei*s dnly qualified. 

3. The number attending school during the year under the 
age of four and the number over the age of twenty years. 

4. The whole time, in days, any common school has been 
tanght in the district, including holidays, and the whole number 
of days, including holidays, sudi school has been taught by 
teachers qualified according to law. 

5. The names of all teachers employed during the year, the 
nmnber of days taught by ea.ch, including holidays, and the 
monthly wages j^aid to each, and the time allowed any teacher 
for attendance on any institute for which no wages were de 
ducted. 

6. The kinds of books used in the schooh 

7. Such other facts and statistics in relation to the schools, 
public or private, in such district as the state superintendent t 
may from time to time require. The clerk of each joint sub- , 
•district shall repiort to the secretai-y of the towni board of school] 
directors, or toi the town clerk of each town, as the case may re^ • 
quire, a part of which is embraced in such sub-district, the num- 
ber of diildren residing in such part, in the manner set forth ' 
in this section, and the remainder of the items specified in this - 
section shall be embraced in the report m,ade to the town in , 
■which the school house is situated. 



i 



i 



Notice of meeting. Section 545. The sub-district clerk 
shall give at least six days' notice of every annual meeting of 
the electors of his sub-district by posting notices therefor in four ; 
or more j^iublic places in the sub-district, one of which notices 
shall be affixed to the outer door of the school house, if there be 
one in the sub-district, and he shall act as secretary of all meet- 
ings when present. M 

Clerk, appointment of. Section 546. Whem a new suVdis- 
triot is fonned or a vacancy occurs in the office of tlie sub-dis^ 
trict clerk the executive committee of the board of directors 
shall appoint a clerk, who shall hold his office until the annual 1 
meeting of the sub-district next succeeding such appointment. - 

Joint sub-districts. Section 547. When a sub-district is 
composed of parts of two or more towns the board of directors 



TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 221 

of tlie town in which the school house is situated shall have the 
entire control of s-aid snb-distriot, and shall maintain a school 
therein as in other suVdistricts ; and the clerk of such joint sub- 
district shall be a member of the bo^ard of directors of .said 
town, without regard to the town in which he may reside. At 
the annual meeting in July the board of directors shall calcu- 
late and determine the cost of maintaining the schools in said 
joint sub-district for the year ending on the last day of June 
preceding the meeting of the board, and the secretary shall cer- 
tify such amount to the secretary of the board of each town em- 
braced in part in such joint sub-district, together with the as- 
sessed valuation of said sub-district and each part thereof as 
found in the assessment roll of the said town for that year ; on 
the receipt of such certificate the secretary of the board of di- 
rectors of each of Siaid towns^ shall draw an order on the" treas- 
urer of his town in favoT of the town in which the school house 
of said joint sub-district is situated for such a proportion of 
the whole cost of maintaining said school as aforesaid as the as- 
sessed value of the property of his town embraced in said joint 
sub-district is to the whole valuationi thereof, unless the propor- 
tion of such school district taxes tO' be assessed in each such 
towui shall have been ascertained as provided in section 471, in 
which case he shall draw his order for such, proportion, and said 
order shall be paid out of any money in the hands of said treas- 
urer collected or received by him for the support of schools' in 
his town. 

Joint sub-districts not under township system. SiECTioisr 548. 
In case either of the townsi embraced in part in said joint sub- 
district shall not have ado'pted the townshipi system of school 
government, the certificate before mentioned shall be made to 
the clerk of said sub-district, and it shall be his duty to incor- 
porate the" proportional sum mentioned in the preceding section 
in the returns of district t&xes made by him to the town clerk of 
the town not having adopted such system on the third Monday 
of N'ovember succeeding the receipit of said certificate; and the 
said sum shall be assessed and collected with the other taxes of 
that part of the joint sub-district, and shall' be paid over by the 
town treasurer collecting the same to the treasurer of the town 
in whidi the school house of said joint sub-district is situated. 

Collection of taxes in such case. Section 649. When the 
school house of a joint sub-district is situated in a town which 



222 SCHOOL LAWS OP WISCONSIN. 

has not adopted tlie townsliip system of soliool gO'Veniment, tln^ 
taxes for the support of schools shall ho raised, assessed and cnl- 
lected as provided :n this chapier; but if an}- portion of said 
joint sulj'-district sliall be enihraced in a to\vnshipi Avhich Ims 
adopted the township' systeni, then tlie proportion of any di-;- 
trict tax ^vlricii shonld ho assessed npon the property of sii;!i 
part of said sub-district shall he certincd by the town clerk <>{ 
the town in which the school honse of said sub-district is s'ln- 
ated to the secretary of the townboard of directors of the town 
comjTrising' the part of the said joint sub-d" strict before nion- 
tioncd ; and said secretary shall draw an order upon the tow n 
treasurer of his town in favor of the treasurer of the joint siil- 
district for the amount of tax tlius certified, and the said town 
treasurer shall paiy the same out of any money hold or receiwd 
by him for school purposes. 

Apportionment of tax for buildings, etc. Section 550. Prior 
to the erection of adij school house by the board of direct; n-s 
they shall estimate and determine the valuat'on of the scIk nl 
housesi and sites in their town, provided by the several distrid;^ 
while under the district system, and ■when so determined llic 
secretary shall place upon record a. tabular statement contaiuinu' 
the number of each sub-district, the value of its school house 
and site and' the valuation of its taxalde property as appears 
from the last assessment roll of the town:; and thereafter for a 
period of ten years from the date of the meeting' at which su<h 
detennination of values was had, when a tax shall be voted u<- 
build a school house or purchase a site, such tax shall be so dis- 
tributed and assessed upon the several sub-districts that th<'-r> 
having the least amount invested in school houses and sites in 
propO'rtion to the assessed valuation of their property as a]i- 
pears froan the record made at the time of the determination nf 
values aforesaid shall pay most toward said tax in proportiou tn 
the valuation of the property at the time the tax is assessed, in 
order that the srinis paid by the different sub-districts in the 
toAvn for the purchase of sites and the erection of school houses 
shall be equalized ; but if the board of directors of any tow n 
shall'decide that taxes for the purchase of sites and the erection 
of school houses shall be assessed equally upon property, then 
the aforesaid provision in reference to equalizing such taxes 
shall not be operative in such town. 



TOWNSHIP SYSTEM -OP SCHOOL GOVERNMENT. 223 

Application to cities and villages. Section 551. Whenever 
the territory of a school district of an inoorpoTated village shall 
extend beyond the^ limits of such village the whole of such ter- 
ritory shall remain in such district a,nd fonn a part thereof un- 
til detached by authority of law; and such district and every 
village containing a graded school of three or more departments 
sliall be exeanpt from the provisions of this chapter relating to 
the township system, except as hereinafter provided. When- 
ever a school district includes within its limits an incorporated 
village or city or maintains a graded school of three or more de.- 
partments, the adoption of the townshipi system of school govern- 
ment by any town, city or village whose territory include? such 
school district shall not affect the boundaries, organization or 
management of such school district, bnt it shall be exempt from 
the operation of such township system and bei and remain an 
independent school district and be conducted and managed in 
accordance with the law relating to independent school districts 
unless said school district shall, by a m-ajority vote of the elect- 
ors of said district at an annual or special school meeting lield 
previous to the adoption of the township system by said town 
decide to accept the township' system of school government wheai 
adopted by the town of which said district is a, part,. And pro- 
vided further, that the voters of any such district thus exempted 
from the opeiration of the township system shall have no voice 
in the adoption of the township system by the town. 

Adoption of system. SECTioisr 552. The voters of any town 
may, at any annual town meeting or general election, vote uj'^on 
the question of townshipi school government. Such voting 
shall be by b^allot, -and the ballots used shall have AVritten or 
printed thereon the words "township school government, yes ;" 
or the words "township school government, no." A separate 
box shall be provided for the receptiom of said ballots, and tlie 
votes cast shall be counted, canvassed and a reem'd thereof made 
as in case of other votes cast at such election ; and if it shall a]> 
pcar that a majority of the ballots cast ha\'o tlicrenn tlie AVurds 
"township school goveniment, yes," then the ]M'ovisioais of this 
chapter providing for the townshi]> system shall iramediately 
become operative in such town, otherwise they shall liave no 
force or effect therein. IsTo vote shall be taken on such question 
unless notice thereof shall be given as hereinafter provided. 
The clerk of any to'wn upon the request in writing of any ten 



224 SCHOOL LAWS OF WISCONSIN. 

electors tliereof asking him so to do, sliall post in three public 
places in said toAvn a notice in writing that the question of 
adopting- the township system of school government will be sub- 
mitted to! the electors thereof at the ensuing annual town meet- 
ing or general election. Such notice shall be posted at least 
ten days before the holding ,of any such meeting or election ; 
and "any town having adopted such system may abolish the 
same at. any such meeting or election iu the manner provided 
for its adoption ; but when the system shall be adopted it shall 
continue in force two years before the questiou of abolishing it 
shall be acted upon. Whenever the electors of any incorpor- 
ated village having a gi-aded school with three or more depart- 
ments shall desire to adopt the township system of schools they 
may vote upon the question at any charter or general election ; 
such election, shall be by ballot of the formi above prescribed 
and upon like notice, and if a majority of the votes cast upon 
that subject shall be in favor of the adoption of said system 
such village: shall become a part of the township system of the 
town in which the same is situated. Whenever any town 
having adopted the township system shall vote to abolish the 
same the town board of supervisors shall, on, or before the first 
day of June next succeeding the date at which the vote was 
taken, meet and by an order made in pursuance of section 413 
divide the town into suitable independent school districts, 
making the order to take effect on the first day of July next 
following. The sub-district clerks and the secretary of the 
town board of directors for the year preceding shall make the 
annual reports for the year ending on that day as required by 
law notwithstanding their offices shall have been abolished. 

Irregularities in proceedings, effect on taxes. Section 552ff. 
Whenever any town has attempted or shall attempt tO' adopt the 
township system pursuant tO' section 552, the validity of any 
and all taxes for school purposes heretofore or hereafter levied 
and assessed therein shall not be questioned in any action or 
proceeding, so far as the regularity of the proceeding of any 
such town, in the adoption of sucli system is concerned unless 
the plaintiff shall show that he would be required to pay more 
than his equitable proportion of taxes; and any and all school 
taxes heretofore levied in any such town Avhich have been voted 
at the annual town meeting are hereby declared tO' bo valid. 



TOWNSHIP SYSTEM OP SCHOOL GOVERNMENT. 225 

even thougli the provisions of sectio^n 535 stall not have been 
complied with-. 

Payment of loans. Section 553. Wheneveir any school dis- 
trict in any town adopting the township system shall te indebt- 
ed at the time of such adoption upon a loan from the: state or 
otherwise, such district shall remain liable for the' payment of 
such indebtedness, and no alteration of the boundaries of such 
district as a sub-district in such town shall ever be made until 
such debt is fully paid, except as pTovided in section 263. The 
clerk of such sub-district shall annually certify to the town 
clerk the sum necessary to b'e raised as taxes in such sub-district 
for the payment of such indebtedness, with interest thereon, in 
the same manner and with like effect as^ the clerk of such dis- 
trict was required by law to certify the same, and the town 
clerk shall extend the amount of such taxes upon the tax roll 
upion the taxable piroperty of such sub-district in like- manner 
as if the same had been ceaiified by the clerk of such district, 
and the same shall be collected by thei town treasurer and be ap- 
filled by him exclusively to the payment of such debti. 



226 



SCHOOL LAWS OF WISCONSIN. 



XVI -OF THE DISTRIBUTION OF THE SCHOOL 
FUND INCOME. 



(Chapter 28, Wisconsin Statiites.y 

Apportionment of. Section 554 (as amended by Cliap. 115, 
Laws of 1899, and as amended and numbered by Chap. 313, 
Laws of 1903) . The school fund income shall be appoi-tioned by 
the state superintendent between the tenth and fifteenth days 
of December in each year. The amount to be so appor- 
tioned shall include all moneys belonging to said fund 
received prior to the first day of December in the same 
year, tog-ether with the amount thereafter to accrue 
to such income from the state tax levy made in the same 
year, and the twQ hundred thousand dollars to be appropriated 
from license fees and taxes paid by corporations in February fol- 
lowing, under the provisions of section 1072a, and after Decem- 
ber, 1903, shall include also the interest receipts thereafter to 
accrue to said fund from the state tax levy of the same year 
or to be collected therewith as special charges. Such appor- 
tionment shall b© made among the several counties, Jowns, vil- 
lages and cities according to the nmuber oi children in each 
oveir the age of four and under the age of twenty years, as 
shown by the reports made to the State Superintendent for the 
year preceding, ending June 30th. 

Loss of right. Section 554a (as renumbered by chapter 313. 
Laws of 1903). Whenever any town, village or city shall fail in 
any year to raise by tax, for the support of common schools 
therein, a sum equal tO' the amount of its share of such school 
fund and other income as determined by the county board in pur- 
suance of section 1074, the amount of tlie apportioniuent to such 
town, village or city for that year shall b© withheld from the 



DISTRIBUTION OF THE SCHOOL FUND INCOME. 227 

next succeeding apiportionment, unless tlie town or village board 
or common council shall have transferred as tliey are hereby au- 
thorized to do, from the general fund to the school fund of the 
tO'Wa or village or to the board of education. of the city for such 
purpose, the amount of deficit in such scliool tax, and the town, 
village or city clerk shall have' filed with the state superintendent 
his certificate showing such transfer, and,, in the case of the town 
clerk, his apportionment thereof to the proper school districts be- 
fore the tenth day of December. 'No apportionment shall be 
made to any city, village or town for any school district therein 
for any year during which such district shall not have maintained 
a common school taught by a qualified teacher for seveu months, 
unless the state superintendent shall be satisfied that such school 
was so taught for three months, and the failure to maintain it for 
the full seven months was -occasioned by some extraordinary 
cause and not arising from neglect or intent, nor to any town, 
village or city, nor for any school district, reports of which as 
required by law sTaall not have been made and transmitted ' dur- 
ing the preceding year to the state superintendent; nor to any 
city for any year the repoai: for which shall not show that the 
number of children between the ages aforesaid residing therein 
has been ascertained by an actual census taken under the direc- 
tiou of the board of education or other body having the govern- 
ment of common schoiols therein, by their clerks or persons of 
their appointment for that purpose; provided, that provision by 
a school district for thei instruction and transportation of its pu- 
pils in accordance with subdivision 15 of section 430 shall en- 
title the district to share in the appoTtionment as though such 
district had maintained a school. 

Certificate and notice. Section 555. Tlie &tate superintend- 
ent shall certify the apportionment made as aforesaid to the sec- 
retary of state and shall immediately give notice thereof to each 
county clerk and county treasurer stating the amount appor- 
tioned to his county and to eadi town, village and city therein. 
Upon receiving such apportionment the secretary of state shall 
djaw his warrant upon the state treasurer, payable to the proper 
county treasurer, for the total amount ap'portioned each county, 
and the amount of such warrant shall be paid to the county 
treasurer entitled to receive the same at the time when he shall 
pay over to the state treasurer the amount due the state on ac- 
count of state taxes as required by law. 



228 SCHOOL LAWS OP WISCONSIN, 

Correction of apportionment. Section 556. Whenever any 
officer shall omit to make within the time fixed any statement 
or re}X)rt required to be made to the state superintendent he 
shall notify such officer by mail or otherwise of such omission, 
but the failure of the state superintendent so to do shall in no 
manner affect tlie consequences of such omission. If at any 
time within two years after an apportionment in which any 
town, village, city or school district was excluded upon any 
ground mentioned in section 554 satisfactory evidence shall be 
filed with the state superintendent that such exclusion was due 
to some mistake or omission of some officer, and that such town, 
village, city or school district was legally entitled to have shared 
in such apportionment, the state superintendent shall certify 
such facts aiid the amount justly apportionable thereto to the 
secretary of state and notify the county clerk and treasurer of 
the proper- county thereof. The secretary of state shall draw 
his warrant therefor, and the money shall be paid from the 
school fund income for the use of such town, village, city or 
school district as if originally apportioned. 

County treasurer's duty. Section 557. Elach county treas- 
urer shall apply for and receive the school money due to his 
county as soon as apportioned and payable, and shall imme- 
diately give notice in writing of the amount apportioned to each 
town, village and city in his county to tlie treasurer and clerk 
thereof respectively and shall pay the same to each such treas- 
urer on demand, who shall pay the same to the proi>er school 
treasurer as provided l\y law. If any such toAvn, village or city 
treasurer shall not demand such money before the next receipt 
of school money apiportioned to such county, the county treas- 
urer shall add such sum remaining in his hands to the money 
so next received and distribute the same therewith and in the 
same proportion among the several towns, villages and cities en- 
titled thereto in such county. 

Apportionment among districts. Section 558 (as amended by 
Chap. 450, Laws of 1901). The to^^m clerk shall apportion 
all school money received frorn the state and also all raised by 
the town, among the^ several districts and parts of districts with- 
in the town, in proportion to the number of persons between 
the ages of four and twenty years residing in each, taking such 
aumber from the last annual report of their respective district 



blSTRIBUTlOtvJ OF THE SCHOOL FUND INCOME. qqc) 

clerks. ISTo money slia.ll be apportioned to any distriet or p^art 
of a district, except as herein provided, and as provided in sec- 
tion 554 of this chapter, hy the discretion of the state super- 
intendent, unless the last annual report of such district, veri- 
fied by the affidavit of the district clerk, shall show that all 
school money received from the state by such district has been 
used in paying a legally qualified teacher," and that a commnn 
school has been taught in such district by such' teacher for at 
least seven months during the year ending with the date of such 
report. Provided that at any time which such report shall 
show was spent by the teacher or teachers of said district in at- 
tendance upon an institute in the county, and was allowed by 
the district board without deduction from such, teacher's wages 
therefor, shall be included as a part of such seven months. 

Moneys not paid, SECTioisr 559. All money apportioned by 
the town clerk to any district or part of a district which shall 
have remained in the hands of the town treasurer for one year 
after such apportionment, by reason of such district or part of 
district neglecting or refusing to> receive the same, sliall be 
added tO' the money next thereafter to be ■apportioned by such 
town clerk to the several districts and parts of districts in such 
town and apportioned therewith. 

Month. Section 560. In reckon'ng school months twenty 
days, a,9 specified in section 459, shall constitute a month, and 
one hundred and twenty days six months, [and one hundred and 
forty days, seven months. See section 554.] 

At least seven months, one hundred and forty days, of school taught 
by a legally qualified teacher, must he maintained in each district or 
sub-district in order that the district or town (in cases where the 
schools are organized under the township system of school govern- 
ment) and may be entitled to share in the apportionment of the state 
and town school money. 

Common school fund. (Chapter 313, Laws of 1903, amending 
Section 10Y2a of the Statutes of 1898. ) Section 10Y2a. There 
is appropriated annually to the common school fund income an 
amount equal to seven-tenths of one mill for each dollf.r of the 
assessed valuation of the taxable property in the statei, as de- 
termined by a State Board of Assessment, exclusive of the prop- 
erty of corporations which pay license fees, or which are as- 
sessed for taxation by a state board of assessment, to be derived 



^30 - SCHOOL LAWS OF WISCONSIN. 

annually as f ollo'Ws : twio hundred tliousand dollars from the li- 
cense f^es, or taxes paid by said coTporations, and tlie balance 
from a tax whicli shall he levied on all other taxable property. 
The appropriation hereby made shall be taken from the license 
fees and t.axes. aforesaid accruing to the state in the month of 
February in each year, and the amount thereof shall be disbursed 
in the manner and under the conditions and restrictions provided 
for disbursements of the common school fund income. 

School fund apportionment. Section 1072b (as amended 
by Sec. 20, Chap. 351, Laws of 1899 and as renumbered by 
Cbap. 313, Laws of 1903.) Section 10726. The state super- 
intendent shall apportion the school moneys each county will be 
entitled to receive under the provisions of this section between 
the 10th and IStli days of December in each year, and certify the 
apportionment so made to the secretary of state and state treas- 
urer, and he shall, at the same time, certify to each county clerk 
and county treasurer the amount of said tax. to which each to^\ai, 
city and village in their respective counties is entitled. Upon 
receiving such appoTtionment the secretary of state shall inv 
mediately inform the county clerk and the county treasurer of the 
amount of state school tax such county will be required to levy 
and the amount it will be entitled to receive in return as its por- 
tion of the school fund accruing under the provisions of this sec- 
tion. At the same time that taxes levied for other state purposes 
are now required to be paid into the state treasuiy eacb county 
treasurer shall pay over to the state treasurer the school moneys 
arising under the provisions of this section in excess of the 
amount such county is entitled to receive in return as its por- 
tion of the state school tax. But if a larger amount shall be 
due any county than such county is required to pay the state 
treasurer shall pay to the treasurer of such county, at the time 
of the payment of the state tax assessed against the eo'unty, 
the amount due the county in excess • of the state school tax ^ 
levied upon it. The treasurers shall, at the time of making a 
settlement between the state and any county on account of any 
state school tax levied upon the county, exchange receipts show- 
ing that the full amQunt assessed against the county as a state 
school tax has been accounted for to tlie state, and, in turn, 
that the amount due the county on account of a state school tax , 
has been accounted for to the county by the state treasurer; 
and within ten days from such settlement the several county 



DISTRIBUTION OF THE SCHOOL FUND INCOME. 



231 



treasurers shall pay over to the several town, city and village 
treasurers the amount to which they are respectively entitled 
by the apportionment made hy the state superintendent. It is 
hereby declared to be the true intent and meaning of this sec- 
tion to provide for an earlier distribution to the counties of the 
moneys collected as a state school tax and that only the balance 
that may be due any county or the state, as the case may be, 
shall be piaid in money at the time of settling accounts between 
the county and the state, in so far as they relate to the state 
school tax. 



233 SCHOOL LAWS OF WISCONSIN. 



XVII.-OF THE UNIVERSITY. 



(Chapter 25, Wisconsin Statutes.) 

location and style of. Section 377. Tliere is estatlislied in 
this state at the city of Madison an institution of learning by 
the name and style of "the nniversity of Wisconsin." 

Board of regents. Section 378 (as amended by Chap- 
ter 255, Laws of 1901). The government of the nniversity 
shall vest in a board of regents, to "consist of one member from 
each congTessional district and two from the state at large, at 
least one of whom shall be a woman, to be appointed by the 
governor ; the state superintendent and the president of the uni- 
versity shall be ex-officio members of said board ; said president 
shall be a m,ember of all the standing committees of the board, 
but shall have the right tO' vote only in case of a tie. The term 
of office of the appointed regents shall be three years from the 
first Monday in February in the year in. which they are ap- 
pointed unless sooner removed by the governor; but appoint- 
ments to fill vacancies before the expiration of the term shall 
be for the residue of the term only. 

Powers of board; officers. Section 379. The board of re^ 
gents and their successors in office shall constitute a bc'dy cor- 
porate by the name of "the regents of the university of Wiscon- 
sin," and shall possess all the powers necessary or convenient 
to accomp'lisli the objects and perform the duties prescribed by 
law, and shall have the custody of the books, records, build- 
ings and other property of said university. The board shall 
elect a president and a secretary, who shall perform such duties 
as may be 'prescribed by the by-laws of the board. The secre- 



OP THE UNIVERSITY. _^^3 

taiy sliall keepi a faithful record of all the transaetions, of .the 
board and of the executive committee: thereof. The state treasr 
urer shall be the treasurer of the board and perform all the 
duties of such office subject to such regulations as the board maj 
adopt' not inconsistent with his official duties; and he and his 
sureties shall be liable on his official bond as state treasurer for 
the faithful discharge of such duties. 

Meetings, quorum. Section 380. The time for the election 
of the president and secretary of said board and the duration 
of their respective terms of office, and thei times for holding 
the regular annual meeting and such other meetings as may 
be required and thci manner of notifying the samei, shall be de- 
termined by the by-laws of the board. A majority of Jie board 
shall constitute a quorum for the transaction of business, but 
a less numbeir may adjourn from time to time. 

I Duties of regents; additional powers. Section 381. The 
board of regents shall enact laws for the government of the 
university in all its branches; elect a president and the requi- 
site number of professors, instructors, officers and employees, 
and fix the salaries and the te^m of office^ of each, and deter- 
mine the moral and educational qualifications of applicants for 
admission to the various courses of instruction. ; but no instruc- 
tion, either sectarian in religion or partisan in politics, shall 
ever be allowed in any deipiartment of the university; and no 
sectarian or partisan tests shall ever be allowed or exercised in 
the appiointmont of regents or in the election of professoTs, 
teachers or other officers of the university, or in the admission 
of students thereto or for any p^urpose whatever. The board 
of regents shall have power to^ remove thc' pTesident or any 
professor, instructor or officer of the university when, in their 
judginent, the interests of the university require it. The board 
may prescribe rules and regulations for the management of the 
libraries, cabinet, museum, laboratories and all other property 
of the university and of its several departments, and for the care 
and preservation, thereof, with penalties and forfeitures by way 
of damages for their violation, which may be sued for and col- 
lected in the name of the board before any court having juris- 
diction of such action. They shall employ a competent pre- 
ceptress for the building known as lad'.es' hall (which shall- be 
used for and by the female students attending the university 
and not othervip-), v lio shall have charge and general super- 



234 SCHOOL LAWS OP WISCONSIN. 

vision thereof under sucli regnlations as the Iward may have 
made or shall adopt, at a salary of no' more than fifteen hun-. 
dred dollars per year, provided that snid preceptress shall per- 
form snch other duties and teach such classes as the board, may 
from time to time require. 

TTse of income— addition of ofher colleges. Section 382. 
The hoard of regents are authorized to expend su.ch portion 
of the income of the university fund as they' may deem e:xpe^- 
dient for the erection of suitable building-s and the purchase of 
apparatus, a library, cabinets, and additions thereto ; and if they 
deem it expedient may receive in connection with the univer- 
sity any college in this state ufon applicatioai of its board of 
trustees; and such college so received shall become a branch of 
the university and be subject to tlie visitation of the regents. 

Reports, and printing thereof. Section 383. At the close of 
each biennial fiscal term the regents through their jiresident 
shall make a report in detail to the governor and the legislature 
exhibiting the progress, condition and wants of each of the col- 
leges embraced in the university, the cou-rse of study in each, 
the number of instructors and students, the amount of receipts 
and disbursements, together with the nature, cost and results 
of all important investigations and experiments and such other 
information as they may deem important, one copy of which 
shall be transmitted free by the secretary of state to all colleges 
endowed under the provisions of the act of congress entitled 
"An act donating land to the several states and territories which 
provide colleges for the benefit of agriculture and the mechanic 
arts," approved July 2, 1862, and also one copy to the secretary 
of the interior as provided in said act. The board shall also 
report to the governor as often as may seem desirable the im- 
l^ortant results of investigations conducted by the director of 
Washburn observatory and by other investigators connected 
with the university, and also the results of such exp:^riments 
therein relating to agriculture or the mechanic arts as said board 
may deem to be of special value to the agricultural and me- 
chanical interests of the state. With the approval of the gov- 
ernor such number of copies as he shall direct, and of the Wash-" 
burn obseiTatory reports not more than seven hundred copies, 
may be printed by the state printer in separate form on good 
paper and with such appropriate quality of binding as the com- 



6f the university. 



235 



iiiission&rs of ptublic printing shall order. Eight hundred cop- 
ies of ea,ch of said reports, when so directed by the governor, 
except those of the Washburn obsen^atory, shall be delivered 
to the legislature and the remainder be used in exchange for the 
publications of other institutions and for such other public pur- 
poses as the regents may order. 

Accounts, how made, etc. Section 383a. "No claim or ac- 
count against the board of regents of the university shall be 
paid unless it state the nature and particulars of the services 
rendered or. materials furnished and be verified by the affidavit 
of the claimant or his agent and approved by an endorsement 
in writing thereon by the officer, member or committee of said 
board authorized thereby to certify claims and accounts for pay- 
ment. 

The president. Section 384. The president of the univer-- 
sity shall be president of the several faculties and the executive 
head of the instructional force in all" its departments; as such 
he shall have authority, subject to the board of regents, to give 
general direction to the instruction and scientific investigations 
of the several colleges, and so long as the interests of the insti- 
tution require it he shall, be charged with the duties of one 
of the professorships. The immediate government of the sev- 
eral colleges shall be intrusted to their respective faculties ; but 
the regents shall have the power to regulate the courses of in- 
struction and prescribe the books or works to be used in the 
several courses, and also to confer such degrees and grant such 
diplomas as are usual in universities or as they shall de?m ap^- , 
propriate, and to confer upon the f acultj^; by by-laws the power 
to suspiend or expel studentsi for misconduct or other cause pre- 
scribed in such by-laws. 

Object and departments. Section 385. The object of the 
university of Wisconsin shall be to provide the means of ac- 
quiring a thorough knowledge of the various branches of learn- 
ing connected with literary, scientific, industrial and profes- 
sional pursuits, and to this end it shall consist of the following 
colleges or depiartments, to^wit : 

1. The college of letters and science. 

2. The college of mechanics and engineering 

3. The college of agriculture. 

4. The college of law. 



236 School laws of wiscoNsiisi. 

5. Sucii other colleges, schools or departments as nov/ rre o.' 
may froon time to time be added thereto or connected there- 
with. 

Departments, what embraced in. SECTioisr 386. The college 
of letters and science shall embrace liberal courses of instruction , 
in language, literature, philosophy and science, and may em- 
brace such other branches as the regents of the University shall 
prescribe. The college of mechanics and engineering shall em- 
brace practical and theoretical instruction in the various 
branches of mechanical and engineering science and art, and 
may embrace such additional branches as the regents may de- 
temiine. The college of agriculture shall embrace instruction 
and experimentation in the science of agriculture and in those, 
sciences which are tributary thereto, and may embrace such ad- 
ditional branches as the board of regents shall determine. The 
college of law shall consist of courses of instruction in the prin- 
ciples and practices of laAv, and may include such otlier branches 
as the regents may detenu in e. 

Open to both sexes — Military instruction — Diplomas may be 
countersigned. Section 387. The university shall be open to 
female as well as to male students, under such regulations and 
restrictions as the board of regents may deem proper; and all 
able-bodied male students in whatever college therein may re- 
ceive instruction and disci]iline in military tactics, the requisite 
arms for which shall be furnishcid by the state. Any person 
who has graduated from a regular collegiate course at the uni- 
versity, and after such graduation shall furnish evidence to the 
state superintendent of good moral character and of successful 
teaching for one school year in a public school of this state, 
may have his diploma coimtersigned by said superintendent, 
which shall then have the force and effect of a limited state cer- 
tificate, subject to the exercise of the power vested in the state 
superintendent to revoke the right given by his signature to 
such diploma. 

Tuition. Section 388 (as amended by Chapter 344, Laws 
of 1901). 'No student who shall have been a resident of the 
state for one year next preceding his admission at the beginning 
of any academic year shall be required to pay any fees for tui- 
tion in the uinversity except in the law department and for 
extra studies. The regents may prescribe rates of tuition for 



OF THE UNIVERSITY. 23 Y 

any pupil in the law department, or who shall not have been a 
resident as aforesaid, and for teaehing extra studies. Attend- 
ance at the university shall not of itself be sufficient to effect 
a residence. 

Funds for support of — Gifts, bequests, etc. Section 389. 
For the support and endowment of the university there is an- 
nually and permanently appropriated : 

1. The university fund income and all other sums of money 
approriated by law to such fund. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public or 
private bounty. 

The entire income of all said funds shall be placed at the 
disposal of thei board of regents by transfer to the treasurer of 
said board, thenceforth to be independent and distinct of the ac- 
counts of the state and for the support of the aforesaid colleges 
or departments of arts, of letters and such other colleges and 
departments as shall be established in or connected with the 
university; but all means derived from other public or private 
bounty shall be exclusively devoted to the specific objects for 
which they shall have been designed by the grantor; and all 
gifts, grants, bequests and devises for the benefit or advantage 
of the university or any of its departments, colleges, schools, 
halls, observatories or institutions, or to provide any means of 
instruction, illustration or knowledge in connection therewith, 
whether made to trustees or otherwise, shall be legal and valid 
and shall be executed and enforced according to the provisions 
of the instrument making the same, including all provisions and 
directions in any such instrument for accumulation of the in- 
come of any fund or rents and profits of any real estate with- 
out being subject to the limitations and restrictions provided 
by law in other cases ; but no such accumulation shall be al- 
lowed to produce a fund more than twenty times as great as 
that originally given. All such gifts, grants, devises or be- 
quests may be made to the regents of the university or to the 
president or any officer thereof, or to any person <?r persons 
as trustees, or may be charged upon any c" '-ntor, trustee, heir, 
devisee or legatee, or made in any other manner indicating an 
intention to create a trust, and may be made as well for the 
benefit of the university or any of its chairs, faculty, depart- 
ments, colleges, schools, halls, observatories or institutions or to 
proyid^ mj means of instrtKJtionj illustration or knowledge in 



238 SCHOOL LAWS OP WISCONSIN. 

connection therewith, or for the benefit of any class of students 
at the nniversity or in any of its departments, whether by way 
of scholarshipi, fellowship or otherwise, or whether for the bene- 
fit of students in any course, sub^conrse, special course, post- 
graduate course, summer school or teachers' course, oratorical 
or debating course, laboratory, shop, lectureship, drill, gymna- 
sium, or any other- like diyision or department of study, experi- 
ment, research, observation, travel or. mental or physical im- 
provement in any manner connected with the university, or to 
provide for the voluntary retirement of any of its faculty. And 
it shall not be necessary in case of any such gift, grant, devise 
or bequest to exactly or particularly describe the meml>ors of 
the class, group or nationality of students intended to be the 
beneficiaries, but it shall be sufficient to describe the class or 
group ; and in case of any such gift, grant, devise or bequest 
the regents shall divide and graduate the students at the uni- 
versity into such classes or divisions as may be necessary to 
select and determine those belonging to the class intended by 
such gift, gi-ant, devise or bequest, and shall determine what 
particular persons are within or intended by the same. It shall 
be sufficient in any such gift, grant, devise or bequest to de- 
scribe the beneficiaries as belonging to a certain course, sub- 
course, department or division of the university, or as those pur- 
suing certain studies, speaking or writing a certain language 
or languages, belonging to any nationality or natiojuilities, or to 
one of the sexes or by any other description, and in such case 
the regents shall determine the persons so described as herein- 
before provided. 

Tax for, and appropriation of part — Loans. Section 390 (as 
amended by Chapter 320, Laws of 1905, amending Chapter 
170, Lmvs of 1899 ; Section 1, of Chapter 322, Laws of 1901, 
and Section 1, of Chapter 344, Laws of 1903). Lhere shall be 
levied and collected annually a state tax of two-sevenths of one 
mill for each dollar of the assessed valuation of the taxable 
general property of the state as ascertained and fixed by the 
state board of assessment for apportionment of the state tax to 
the several counties, which amount, when so levied and col- 
lected, is appropriated to the university fund income to be used 
for current and administration expenditures and for the in- 
crease and improvement of the facilities of the university ; pro- • 
vided, that upon any apportionment of funds in the treasury 
linder sectiou 1069a of the statutes of 1898, such fund shall be 



OF THE UNIVERSITY. 039 

applied to the tax hereinbefore levied. The commissioBcrs of 
public lands may direct the state treasurer, from time to time, 
to set apart such sums by way of loan to the fund known as 
the university fund income for the university uses from unin- 
vested moneys in the trust funds for the period when so unin- 
vested, as in their judgment shall be prudent, .such loans to be 
repaid to the trust fund from the tax hereinbefore appropriated 
with interest at the rate then required upon loans to school dis- 
tricts. , ) 

Section 2. There is hfereby annually appropriated for the 
period of three years, the sum of two hundred thousand dollars, 
to the university fund income from the general fund of the state 
out of any moneys not otherwise appropriated to be used for 
the construction and equipment, in the order of the greatest 
need therefor, of such additional buildings and works and the 
enlargement and repairs of buildings and works, as in the 
judgment of the regents shall be absoh^tely required, and as 
shall be approved by the governor and can be completed within 
the appropriation herein made ; and also for fire protection ; 
for furniture and equipment of existing buildings ; and for ap- 
paratus and additions to the library ; provided, that no plan or 
plans for any building shall be finally adopted, and no contract 
or contracts shall be entered into by the regents for the construc- 
tion of any building until such plans and contracts, with com- 
plete estimates of the total cost thereof, shall have been sub- 
mitted to and in writing approved by the governor of the state, 
who shall withhold such approval until he shall satisfy himself 
by a personal examination or l)y such other means as he may in 
his discretion adopt, that such building is required for the pur- 
poses proposed, and it can and will be erected and fully com- 
]ileted according to such plans or contracts for the sum proposed 
for the same by the regents out of the appropriation herein 
made. 

The observatory. Section 391. The sum of three thousand 
dollars shall be set apart annually from the receipts of the tax 
first mentioned in the preceding section for the maintenance of 
the -astronomical observatory on the university grounds, to be 
expended by the regents in astronomical work and instruction. 
And a like sum is annually appropriated out of the general fund 
to the board of regents for the purpose of enabling said board 
to emiploy and maintain a director of the Washburn observatory, 



-340 SCHOOL LAWS OF WISCONSIN. 

Regents' expenses. Sectioist 392. The regents shall each re- 
ceive the actual amount of his expenses in traveling to and 
from and in attendance upon all meetings of the board or in- 
curred in the performance of any duty in pursuance of any di- 
rection of the board; accounts for such expenses, duly autheuti- 
cated shall be audited by the board and be paid on their order 
by the treasurer out of the university fund income. No regent 
shall receive any pay, mileage or per diem except as above pre- 
scribed. 

Summer school. Section 392^,. The board of regents may 
maintain the summer school of science, literature, language and 
pedagogy heretofore established in connection with the univer- 
sity ; pi-ovided, that all teachers employed therein shall be desig- 
nated by thft Blato superintendent and the president of the uni- 
versity. 



STATE NORMAL SCHOOLS. 



241 



XVIII -STATE NORMAL SCHOOLS. 



(Oliapter 26 of Wisconsin Statutes of 1898.)^ 

Eegents; their terms and vacancies. Section 393 (as amend- 
ed by Chapter 168, Laws of 1905). For the government olf 
the normal schools established, and which may hereafter be 
established, and for the performance of the duties prescribed 
to them, there is constituted a board of eleven regents, called 
"The Board of Regents of Kormal Schools," composed of the 
state superintendent, as ex-officio regent, and of ten appointed 
regents, at least one of whom shall be a woman ; the term of of- 
fice of the appointed regents commencing with the first Monday 
of February in the year in which appointed, shall be five years 
and until the appointment and qualification of their respective 
successors ; except that the regents first appointed under this act 
shall be divided into five classes of two each, and the term of 
office of said classes so first appointed shall be respectively one, 
two, three, four and five years and until their successors shall 
be appointed and qualified, and their successors in office shall 
continue so divided into five classes of two each, so that the 
term of office of two regents shall expire each year. The gover- 
nor shall fill all vacancies by appointment, and in case of a va- 
■ cancy before the expiration of a term, the appointment shall be 
for the residue of the term only. 

I: Powers of regents. Section 394. The board of regents and 
their successors in office are constituted a body corporate by the 
name aforesaid ; and may purchase, have, hold, control, possess 
and enjoy, in trust for the state, for educational purposes solely, 
any lands, tenements, hereditaments, goods and chattels of any 
nature which may be necessary and required for tlie purposes, 

IG 



242 .SCHOOL LAWS OF WISCONSIN. 

objects and uses of the state normal schools authorized by law 
and none other, with full power to sell or dispose of such per- 
sonal property or any part thereof v.?hen in their judgment it 
shall be for the interest of the state ; and shall possess all other 
powers necessarj^ or convenient to accomplish the objects and 
perform the duties prescribed by law. The board of regents 
shall not sell, mortgage or dispose of in any way any real estate, 
nor borrow money without the express authority of the legisla- 
ture; nor shall they contract indebtedness nor incur liabilities 
to exceed, at any time, in the aggregate, the amount of money 
which, under the provisions of law, shall then be at their disposal 
in the hands of the state treasurer ; nor shall said board ever re- 
duce the amount so at their disposal below the aggregate amount 
of their indebtedness or liability except in payment of such in- 
debtedness or liability. The proceeds of the sale of any real or 
personal estate shall be paid by them into the treasury, and shall 
become a part of the income of the normal school fund. The 
entire income of the normal school fund shall be placed at the 
disposal of the board of regents of the normal schools by trans- 
fer to the treasurer of said board, and shall be distinct and inde- 
pendent from the accounts of the state, and be applied for tlie 
support of normal schools as provided by law. 

Officers of board. Section 395 (as amended by Chapter 1G8, 
Laws of 1905). The officers of the board shall be a president, 
vice-president and secretary ; they shall severally hold their of- 
fices for the term of one j'ear, and until their successors' are 
elected, and shall perform the duties incident to their several 
offices, and such as are prescribed by the board. The state 
treasurer shall be, ex-officio, the treasurer of the board, but the 
board may appoint suitable persons to receive any tuition fees 
or other moneys that may be due from any student or other per- 
son, and pay the same to the treasurer. 

Meetings; quorum. Section 390. The said board shall hold 
an annual meeting at the capitol on the second Wednesday in 
July in each year or at such time as they may designate. Sjie- 
cial meetings may be called by the governor or by the president 
of the board on. a petition signed for that purpose by any three 
regents. A majority of the regents shall constitute a quornra 
for the transaction of business; but a less number may adjourn 
from time to time. 



STATE NORMAL SCHOOLS. 243 

Kemoval of regents; disqualification of officers, etc. Section 
397. Any regent may be removed from office for cause upon 
reasonable notice by a vote of two-tliirds of all the regents. ISTo 
regent or officer, trustee or person appointed or employed in any 
position or capacity connected with normal schools or normal in- 
stitutes shall at any time act as agent of any author or pub- 
lisher of or dealer in school books, maps or charts, or school li- 
brary books, or school furniture or apparatus, or become in- 
terested directly or indirectly in the publication, manufacture 
or sale of any such as agent or otherwise, except solely as au- 
thor or inventor, and for a violation hereof any regent shall be 
expelled from the board by a majority vote of the regents ; pro- 
vided, that the purchase and use of books and appliances written 
or invented by persons connected with any of the schools shall 
not be deemed to be prohibited. 

Compensation of regents. SECTioisr 398 (as amended by 
Chapter 168, Laws of 1905). ISTo membe]- of the board of 
normal regents shall receive any pay for traveling to or for at- 
tendance at any meeting of the board, but for any specific 
service, rendered under the direction of the board, other than 
attending the meetings thereof, such compensation may be al- 
lowed any member, as the board shall deem just and reasonable; 
and such compensation and all moneys actually and necessarily 
expended by any member in traveling, attending meetings, or 
performing any other duty or service, directed to be performed, 
shall be paid out of the normal school fund income in the state 
treasury, on accounts ]Dresented to and adjusted by thfe board, 
and certified to the secretary of state by the secretary and presi- 
dent thereof. 

Other normal schools; alteration, etc., of buildings. Section 
399. In addition to those heretofore established, the said- board 
of regents may establish other state normal schools at such places 
as they may designate, upon sites selected by tliem ; and when, 
in their opinion, the educational interests of the state require it, 
they may proceed to erect suitable buildings upon the sites so se- 
lected, and they may enlarge, alter or repair any normal school 
buildiiio's. AVhenever any snch site shall be donated, then as 
soon as the title thereto shall be vested in them i]i fee in trust 
as aforesaid, and when money is don.-.t;'d, then as soon as snch 
money is paid into tlie state treasury, subject to l)e paid 
out only on the warrant of the secretary of state, as pro- 



244 SCHOOL LAWS OP WISCONSIN. 

vided in the next section, or secured to be paid by the de- 
posit with the state treasurer of United States or Wisconsin 
state bonds in amount equal in value to the sums of money so 
donated, said board may procure suitable plans and siDCcifica- 
tions for such buildings, alterations or repairs thereof, and em- 
j)loy persons to superintend the construction of the same; and 
they may" advertise for proposals to erect, repair or enlarge any 
normal school building, reserving the right to reject any and 
all proposals made in pursuance of such advertisements ; and the 
expense of such advertising and procuring plans and specifi- 
cations shall be paid from the normal school fund income. 

Donations, collection and application of. Section 400. The 
said board shall demand and receive the sums of money donated 
and subscribed by any persons to aid in the erection of the neces- 
sary buildings for normal schools in such manner as said board 
may prescribe, and apply the same in the erection and comple- 
tion of said buildings, the purchase of the necessary books, ap- 
paratus, furniture and fixtures, and for various other inci- 
dental expenses to be incurred by said board in piirsuance of the 
provisions of these statutes, and if any surplus shall remain, ap- 
ply the same to the expenses of conducting said normal schools ; 
and any deficit which may arise in the erection and completion 
of said buildings and purchase aforesaid shall be paid out of 
the normal school fund income. 

Accounts, how made, etc. Section 401 (as amended by 
Chapter 168, Laws of 1905). All payments for the erection, 
repairs or enlargement of any normal school building, or for 
fixtures or furniture therefor, and all disbursements from the 
normal school fund income, including the expenses of board of 
visitors of normal schools and of teachers' institutes shall be 
made by the treasurer of said board on the warrant of the secre- 
tary of state drawn in accordance with the certificate of the pres- 
ident and secretary of the board, after being audited and al- 
lowed pursuant to its rules and regulations, and not otherwise ; 
and in case of a donation no such warrant shall be issued for 
any part thereof until the sums donated and subscribed shall 
have been paid into the state treasury, nor in any case until the 
work shall be done, the services rendered, buildings erected or 
fixtures or furniture purchased under the direction of said 
board, and pursuant to a contract made with it. All claims 
^nd accounts, before being certified to the secretary of state by 



STATE NORMAL SCHOOLS. g45 

the aforesaid officers of such board, shall be verified and ap- 
proved in the same manner as claims against the state univer- 
sity are required to be verified and approved. 

Objects of schools. Section 402. The exclusive purposes 
and objects of each normal school shall be the instruction and 
training of persons, both male and female, in the theory and art 
of teaching, and in all the various branches that pertain to a good 
common school education, and in all subjects needful to qualify 
for teaching in the public schools ; also to give instruction in the 
fundamental laws of the United States and of this state in what 
regards the rights and duties of citizens. 

Model schools. Section 403. Said board shall also estab- 
lish a model school or schools for practice in connection with 
each state normal school, and shall make all the. regulations 
necessary to govern and support the same ; and they may in their 
discretion admit pupils to such model schools free of chai'ge of 
tuition. 

Powers of board as to schools. Section 404. The said board 
shall have the government and control of all the normal schools, 
and shall have power therefor : . 

1. T'o make rules, regiilations and by-laws for the good gov- 
ernment and management of the same and each department 
thereof. 

2. T'o appoint a principal and assistants and such other teach- 
ers and officers and to employ sucli persons as may be required 
for each of said schools ; to fix the salary of each person so ap- 
pointed or employed and to prescribe their several duties. 

3. To remove at pleasure any principal, assistant or other of- 
ficer or person from any office or employment in connection with 
any such school. 

4. To purchase any needful and proper apparatus, books or 
articles to assist in instruction, and to provide for all necessary 
fuel and supplies for the conduct of such schools. 

5. To prescribe the courses of study and the various books to 
be used in such schools. 

6. T'o cause notice to be given of tlie opening of such schools 
and the several terms thereof. 

7. T'o prescribe rules and regulations for the admission of 
students ; but every applicant for admission shall undergo an ex- 
amination to be prescribed by the board, and shall b© rejected if 



246 SCHOOL LAWS OF WISCONSIN. 

it shall appear that lie is not of good moral character or if ap- 
plying as a free paipil will not make an apt or good teacher. 

8. To require any applicant for admission, other than such as 
shall, prior to admission, sigii and file with said board a declara- 
tion of intention to follow the business of teaching common 
schools in this state, to pay or to secure to be paid such fees for 
tuition as the board may deem^ proper and reasonable. 

9. To cause lectures on any art, science or branch of litera- 
ture to be delivered in any such schools on such terms and con- 
ditions as tliey may prescribe. 

10. T'o confer by by-laws upon the principals of the several 
nonnal schools the power to suspend or expel pupils for miscon- 
duct or other cause prescribed in such by-laws. ^ 

Diplomas and certificates. Section 405. Said board may 
grant diplomas in testimony of scholarship and ability to teach, 
but no such diploma shall be gi*anted until such graduate shall 
have passed a thorough and satisfactory examination in the 
course of study prescribed by the board. When any such gradu- 
ate has, after receiving such diploma, taught a public school in 
tliis state one year, the state superintendent may, after such ex- 
amination as to moral character, learning and ability to teach as 
to him may seem proper, countersign the diploma of such 
teacher, and thereafter such countersigned diploma shall be evi- 
dence of his qualification to teach in any common school, and 
shall have the force and effect of an unlimited state certificate. 
The said board may also, on such conditions as they may deter- 
mine, grant a certificate of attendance certifying that the holder 
has completed the elementai'y course in a normal school and is 
qualified to teach a common school ; and the said superintendent 
may, upon conditions above prescribed respecting diplomas, 
countersign such certificate, and thereafter such countersigned 
certificate shall be evidence of his qualification to teach in any 
coanmon school of the state, and shall have the full force and 
effect of a limited state certificate. 

Board of visitors. SECTioisr 406. After any state nomial 
school shall have commenced its first term, and at least once in 
each year thereafter, it shall be visited by three suitable per- 
sons, not members of the board, but to be appointed by the state 
superintendent, who shall examine thoroughly into the condi- 
tion, organization and management of the school, and shall re- 
port to the said superintendent their views in regard to its sue- . 



STATE NORMAL SCHOOLS. 24t 

cess and usefulness and any otlier matters they may jndg-e ex- 
pedient. Sii*eli visitors shall he appointed annually, and their 
report shall bear date: of the thirtieth day of May and cover the 
year preceding such date. 

State tax; loans. Section 406a, (Statutes of 1898 as amended 
by chapter 170 of the laws of 1899, as amended by 
Chap. 370, Laws of 1901.) E'er the purpose of conducting and 
maintaining the normal schools, there shall be levied and col- 
lected annually a state tax of "two hundred and fifteen thousand 
dollars" ($215,000) which amount is hereby annually appropri- 
ated to the normal school fund income. The commissioners of 
public lands may loan to the board of normal school regents, 
such part of the normal school fund as they deem pmdent, not 
to exceed the sum of sixty thousand dollars ($60,000) such loan 
to be repaid from' the income of the normal- schools and fro^m any 
appro priations hereafter made for their support and mainte- 
nance as follows, to^wit: the sum of five thousand dollars ($5,- 
000) February 1, 1898, five thousand dollars ($5,000) Febru- 
ary 1, 1899, and ten thousand dollars ($10,000) on the first day 
of February each year thereafter until said loan is fully paid 
and dischaiged. 



TEACHERS' INSTITUTES. 

How held and conducted. Section 407. Institutes for the 
instruction of teachers shall be held in each year in such coun- 
ties as may be designated by the state superintendent, with the 
advice and concurrence of said board, preference being given 
to such counties as receive the least direct benefit from the nor- 
mal schools. The state supeirintendent, by and with the advice 
and consent of said board, may make such rules and reigulations 
as they shall deem proper for organizing and conducting such 
institutes, and may, by and with the like advice and consent, 
employ an agent or agents to perform such work in connection 
therewith as by such rules and regulations may be pa-escribed. 
Each of said institutes shall be held under the direction of such 
agent or agents, as^sted by the county superintendent. The 
course of study pursued in such institutes shall, as far as practi- 
cable, be uniform, and be prescribed by the state superintendent 
with the assistance of such agents, but subject to revision by said 
board. 



248 SCHOOL LAWS OF WISCONSIN. 

Appropriation for. Section 408. (Statutes of 1898, as 
amendod by Clliap. lYO, Laws of 1899, as amended by Chap. 
371, Laws of 1901). For tlie piTrpose mentioned in tlie pre- 
ceding section, said board may nso such sum not exceeding four- 
teen thousand dollars in a year, as it may deem necessary, of 
which not exceeding seven thousand dollars shall be paid from 
the nomial school fund income and seven thousand dollars from 
the general fund, and such amounts as shall be so expended are 
hereby annually appropriated from the said funds respectively. 
The secretary of state shall annually, upon presentation to him 
of the certificates of the president and secretary of the boa.rd of 
regents, of the amount expended for the jDurpose mentioned in 
this section, draw his warra,nt in favor of the treasurer of said 
board for seven thousand dollars. 

Normal school fund income. Section 409. The normal school 
fund income shall, under the direction and management of the 
said board, be applied and is hereby apj^ropriated to^ the estab- 
lishment and support of the state normal schools and the pur- 
poses directed in this chapter. 

Regent's report. Section 410. The president of said board 
shall make to the governor a biennial report, bearing date the 
thirty-first day of August of the year in which the biennial fiscal 
term closes, which shall contain a full and detailed account of 
the doings of the said board and of all their expenditures and of 
all moneys received and the prospect, progress and condition of 
said normal schools and such report, together with the reports of 
the different boards of visitors, shall be transmitted to the legis- 
lature by the governor. 



THE STATE SUPERINTENDENT. 249 



XIX.-THE STATE SUPERINTENDENT. 



(CTiapter S7, Laws of 1903, relating to tlie duties, qualifications 
and salary of the state superintendent. 

Qualifications; oath of office. Section 1. No person shall be 
eligible to the office of state superintendent of public instruction, 
who shall not, at the time of his election thereto, have taught 
or supervised teaching in the state of Wisconsin, for a period of 
not less than five years, and who' shall not, at such time, hold the 
highest grade of certificate which the state superintendent is by 
law empowered to issue. He shall, within twenty days after he 
receives notice of his election, and before entering upon the 
duties of his office, take and subscribe the constitutional oath of 
office, which shall be filed in the office of the secretary of state. 

Supervisory duties generally. Section 2. He shall have 
general supervision over tlie oo'inmoni schools of the state, and it 
shall be his duty : 

School work. 1, To ascertain, so far as practicable, the con- 
ditions of the public schools of the state ; to stimulate interest in 
education; to spread as widely as possible, through public ad- 
dresse®, bulletins, and by conferences with school officers, teach- 
ers and parents, a knowledge of methods, which miay be employed 
to introduce desirable improvements in the organization, govern- 
ment and ijistruction of the schools. 

School books'. 2. To prohibit the use of sectarian books and 
seetarian instruction in the public schools ; to advise in the selec- 
tion of books for school district libraries ; to prepare as often as 
he shall deem neessary, a list of books suitable for school district 
libraries, and furnish copies of such list to each town, village or 



250 SCHOOL LAWS OF WISCONSIN. 

city clerk, or secretary of the board of education, and to eacli 
county or city superintendent, from wliieli lists tlie above desig- 
•iated officers shall select and purchase all books for use in the 
school libraries of the state. 

Educational meetings. 3. To attend such educational meet- 
ings and make such investigations as he may deem important, 
and such as may enable him to obtain information relating to 
the different systems of common schools in the United States, 
said information to be embodied in his biennial report to the 
state legislature. 

Public sentiment. 4. To endeavor to arouse an intelligent 
interest among the people of the state iu' the general subject of 
industrial and commercial education, including manual train- 
ing, agTiculture, and domestic science, and to awaken and edu- 
cate public sentiment for the suitable introduction of these sub- 
jects intO' the public schools, and to make such inspection and 
investigation as may be' necessary for the intelligent supervision 
of the work therein. 

Supervision. 5. To exercise general supervision over the 
establishment and management of county schools of agriculture 
and domestic science, manual training schools, county training 
schools for teachers, and the day sdiools for the deaf; to advise 
with the principials and local authorities thereof and to formulate 
courses of study for such schools; to embody in his biennial re- 
port, or in special bulletins or circulars such statements, sugges- 
tions, and statistics, as he may deem useful and for the informa- 
tion of the public. 

Publications. 6. (As amended by Chapter 241, Laws of 
1905.) To revise, codify and edit the school laws from time to 
time, as circumstances may make necessary, and by lectures, cir- 
culars, correspondence and public addresses, give the public 
information bearing upon the different methods of school or- 
ganization and management. provided by law in this state; to 
prescribe rules and regulations for the management of town- 
ship and school district libraries, and the penalties which may 
be imposed upon district and town officers for any violation 
thereof; to prepare for the use of school officers suitable forms 
for making reports and suitable outlines as aids in conduct- 
ing annual and special meetings; to prepare and publish 



THE STATE SUPERINTENDENT. 253 

from time to time, as occasion may require courses of study 
for ungraded, state graded, and free high schools, and day 
schools for the deaf, with such comments and instructions as 
may be deemed essential for an intelligent understanding there- 
of ; to compile, edit and distribute to the schools annually in 
pamphlet form matter adapted to and suitable for the intelli- 
gent observance of arbor and bird day, and memorial day; to 
provide the subject matter and statistics necessary for the print- 
ing of all reports, pamphlets, and circulars published for any 
and all these purposes, and to furnish suitable material in the 
form of printed catalogue cards to enable teachers and pupils to 
make an intelligent use of the township school libraries, all such 
printing to be done by the state printer at the expense of the 
state. 

Appeals. Y. To examine and determine all appeals, which by 
law may be made to him according to the rules regulating such 
matters, and to prescribe rules of practice in respect thereto, not 
inconsistent with law. 

Educational works. 8. To collect in his office such school 
books, apparatus, maps, and charts, as may be obtained without 
expense to the state; to purchase at an expense not exceeding 
one hundred and fifty dollars in any one year, to be paid out of 
the state treasury, works and periodicals bearing upon the dif- 
ferent phases of education. 

School fund income. 9. To apportion and distribute the 
school fund income as provided by law. 

Copies of record. 10. To make copies when required by any 
person so to do, of any papers deposited or filed in his office, and 
of any act or decision made by him, and to certify the same, 
provided he may demand therefor twelve cents per folio, which 
fee shall bo paid into the state treasury. 

Report. 11. To prepare in each even numbered year a report 
to be delivered by him to the governor on or before the thirty- 
first day of December, containing : 

1. An abstract of all the common school reports received by 
him from the several county and city superintendents. 

2. A statement of the condition of the common schools, the 
state graded schools, the city graded schools, the free high schools 
and independent high schools, the manual training schools, the 



252i SCHOOL LAWS OF WISCONSIN. 

schools established for the purpose of giving instruction in agri- 
culture and domestic science, tlie county training schools for 
teachers, the day schools for the deaf, the state normal schools 
and the state university, and. such other schools as may here- 
after be established by law. 

3. Statements of the receipts and disbursements of all school 
moneys. 

4. Plans for the improvement and better management and 
organization of all common and other schools. 

5. A statement of his official visits to educational institutions 
of any kind, and of the work done by the different inspectors 
and officers provided for by law, and employed by him in the 
performance of the duties of the office, for the biennial period. 

6. All such other matters relating to his office and the school 
system of the state, as he shall deem expedient to publish. 

Teachers' institutes. 12. To exercise supervision over the 
teachers' institutes, held in the different counties of the state, 
and with the advice and consent of the institute committee of the 
board of regents of normal schools, publish from time to time 
a syllabus and outline of work suitable to be done therein. 

Annual convention. 13. To hold at least one convention an- 
nually at a convenient an.d accessible point in the state, for the 
purpose of consulting and advising with the county superinten- 
dents in regard to the supervision and management of the public 
schools. 

Other duties. 14. To perform all other duties imposed upon 

him by law. 

Annual salary. Section 3. The state superintendent shall 
receive an annual salary of five thousand dollars. 

Assistant superintendent. Section 165. The state superin- 
tendent may appoint under his hand an assistant, who shall take 
the constitutional oath of office, which, with his appointment, 
shall be filed in the office of the secretary of state. Such assist- 
"ant shall perform such duties as the superintendent shall pre- 
scribe, not inconsistent with law ; and the superintendent shall 
be responsible for all acts of such assistant. 

High school inspector. Section 165a. He may also appoint, 
in like liianner, an inspector of free high schools, who shall assist 



THE STATE SUPERINTENDENT, 253 

him in visiting, inspecting and supervising such schools and aid 
in giving information and assistance in the organization and 
maintenance thereof in towns wliere there are no graded schools. 
When he is not engaged in the performance of said duties said 
inspector may be assigned to such duties in the office of the state 
superintendent as the latter may designate. 

Assistant state superintendent, library clerk, mailing clerk. 

(Chapter 297, Laws of 1899.) Section 1. The assistant state 
superintendent shall be reimbursed the expenses actually in- 
curred by him in the performance of his duties when the ac-- 
counts for such expenses are approved by the state superin- 
tendent. 

Section 2. The library clerk shall be reimbursed the ex- 
penses actually incurred by him in the performance of his duties 
when the accounts for such expenses are approved by the state 
superintendent. 

Section 3. The state superintendent may appoint under his 
hand a mailing clerk^ who shall receive an annual salary of one 
thousand dollars. 

Clerks,- etc. Section 165&. The state superintendent may 
appoint a chief clerk, who shall, under his direction, have charge 
of the books and correspondence of the office, and who shall ren- 
der such other assistance as the superintendent may direct. He 
may also appoint a library clerk, who shall, under his direction, 
aid in promoting the establishment, maintenance and control of 
school libraries ; an index and filing clerk and a person as clerk 
and stenographer. All such appointments shall bd made by 
writing filed in the office of the secretary of state. 

Expenses of chief clerk. Chapter 282, Laws of 1903. Sec- 
tion 1. The chief clerk shall be reimbursed the expenses 
actually incurred by him in the performance of his duties when 
the accounts for such expenses are approved by the state super- 
intendent. 

Office. Section 167. The state superintendent shall have 
an office at the capitol, where shall be deposited all papers and 
documents appertaining toHhe business of his office, and to 
which place communications on the subject of common schools 
may be addressed to him. 



254 SCHOOL LAWS OP WISCONSIN. 



XX.-CONSTITUTIONAL PROVISIONS. 



(Article 10.)' 

Superintendent of instruction, how chosen, powers and compen- 
sation. Cliapter 258, Laws of 1901. Section 1. Tlie super- 
vision of public instruction shall be vested in a state superin- 
tendent and such otlier officers "as tlie legislature sliall direct; and 
tlieir qualifications, powers, duties and compensation shall be 
prescribed l>y law. The state superintendent shall be chosen by 
the qualiiied electors of the state at the same time and in the same 
manner as members of the supreme court, shall hold his office 
for four years from the succeeding first Monday in July. The 
state superintendent chosen at the general election in November, 
1902, shall hold and cont'nue in his office until the first Monday 
in July, 1905, and his successor shall be chosen at the time of the 
judicial election in April, 1905. The term of office, time and 
manner of electing or api?ointing all other officers of supervision 
of p'ublic instruction shall be fixed by law. 

School fund, what is; interest of, how applied. Section 2. 
The proceeds of all lands that have been or hereafter may be 
granted by the United States to this state for educational pur- 
j>0'S03 (except the lands heretoforei granted for the purposes of a 
university), and all moneys, and the clear proceeds of all prop- 
erty that may accrue to the state by forfeiture or escheat, and 
all moneys which may be paid as an equivalent for exemption 
from military duty ; and the clear proceeds of all fines collected, 
in the several counties, for any breach of the penal laws, and all 
moneys arising fronii any grant to the state where the purposes 
of such grant are not specified, and the five hundred thousand 
acres of land, to which the state is entitled by the provisions of 
an a,ct of congress, entitled, ''An act to apipropriate the proceeds 
of the sales of the public lands, and to grant pre-emption rights," 



THE STATE SUPERINTENDENT. 



255 



approved tlie fourtK day of September, one tlioiisand eigiit hun- 
dred and forty-on© ; and also the five 'p'er centum of the net pro- 
ceeds of the piiblic lands to^ which the state shall become entitled 
on her admission into thei Union (if congress shall consent tO' 
such appropriation of the two gTants last mentioned) shall be 
set ap.art as a separate fund, to be called the "school fund," the 
interest of which, and all other revenues derived from the school 
lands, shall be exckisively applied to the following objects, to- 
wit : 

1. To the support aud maintenance of common schools, in 
each schoiol district, and the purchase of suitable lil>raries and 
apparatus therefor. 

2. The residue shallbe appropriated to the support and main- 
tenance of academies and normal schools, and suitable libraries 
and apparatus therefor. 

District schools; tuition; sectarian instruction. Siectioi^ 3. 
The legislature shall pa-ovide by lav/ for the establishment of 
district schools, which shall be as nearly uniform as practicable; 
and such schools shall he free and without charge for tuition, to 
all chiklren between the ages of four and twenty years ; and no 
sectarian instruction shall be allowed therein. 

Annual school tax. Section 4. Each town and city shall be 
required to raise, by tax, annually, for the support of common 
schools therein, a sum not less than one-half the amount received 
by such tO'Wn or city respectively for school purposes from the 
income of the school fund. 

Income of school fund, how distributed. Section 5. Pro- 
vision shall be made by law, for the distribu:tion of the income 
of the school fund among the several towns and cities of the 
state, for the sup|3ort of conmion schools therein, in some just 
proportion to the number of children and youth resident therein, 
between tlie ages of four and twenty years, and no appropriation 
shall be made from the school fund to any city, or town, for the 
year in which said city or town shall fail to raise such tax ; nor 
to any school-district for the year in which a school shall not be 
maintained at least three months. 



FORMS 

FOR THE USE OF SCHOOL OFFICERS. 



No. 1. 



Form of orrler organizing a new school-district, to be filed with the town 

clerk. 

It is hereby ordered and determined that [here describe the 
territory to be comprised in the district, by sections and parts 
of sections] shall hereafter constitute a school-district, to be 

known as school-district No. — , of the town of . 

Given under our hands, this day of , 19 — . 

(Signed) A. B. ^ Supervisors 

C. D. I of the town 
E. F. 3 of . 

Note. — For form of order organizing joint district, see No. 0. 



No. Z. 

Form of notice for the first meeting of a school-districtj to be delivered by 
the town supervisors to a taxable inhabitant of the district. 

Having, on the day of , 19 — , formed a new .school- 
district, to be known as school-district No. — , of the town of 

, [or joint school-district No. — , of towns of and , 

in case it be a joint district] comprising ihe fallowing terri- 
tory: [Here insert the description of the district, as in form 
No. 1], you are hereby directed to notify pvery qualified voter 
of said district to attend the first meeting thereof, which is 
hereby appointed to be held at the house of , in said dis- 
trict, on the day of , 19-^, at — o'clock in the noon, 

by reading this notice in the hearing of each such voter, or in 



FORMS FOR THE USB OF SCHOOL OFFICERS. 257 

case of absence from his place of residence, by leaving thereat 
a written notice of the time and place of such meeting, at least 
five days before the time appointed for such meeting, and 
thereof to make due return. 

Dated at , this day of , 1^—. 

(Signed) A. B, ■) Supervisors 

C. D. C of the town 
E. F. J of . 

Note.-- If it is a joint district, the notice must be signed by the sux>er- 
visors of each town in which any part of the district lies. 



No. 3. 



Form of notice for first meeting, to be left at the residence of a voter when 

absent. 

To A. A.: 

By direction of the supervisors of the town of , you-are 

hereby notified tha'i the first meeting of school-district No. 

— , of , recently formed, will be held at the house of 

, in said district, on the day of 

19 — , at o'clock in the noon. Your attendance is 

requested. 

(Signad) G. H., 

Person appointed to give notice. 



No. 4. 



Form of return to be endorsed upon notipe received from town supervisors, 
on the formation of a school-district. 

I hereby certify that I have notified the following named per- 
sons [hn-e give the names in full], personally, and the following 
named persons [•here insert namesj by copy, according to the di- 
rections of the within notice. 

Dated this day of ,-1^ — . 

(Signed) G. H., 

Person appointed to give notice. 



9,58 SCHOOL LAWS OF WISCONSIN. 



No. 5. 

Form of notice for a meeting of a school -district to be deHvergd by the 
town supervisors, to a taxable inhabitant, in case there is no oflBcer to 
call a meeting. 

To A. B., a taxable inhabitant of school-district No. r— , of- 



You are hereby directed to notify every qualified voter of 

school-district, No. — , of , to attend a meeting thereof, 

which is hereby appointed to be held at the )iouse of , 

in said district on the day of , 19 — , at o'clock 

in the noon, by reading this notice in the hearing of such 

voter, or in case of absence from his place of residence, by leav- 
ing thereat a written notice of the time and place of such meet- 
ing, at least- five days before the time appointed for such meet- 
ing, The following is a description of said district: [here de 
scribe the district as in form No. l.J 

(Signed) A. B.^ Supervisors 

C. D. V of tTie town 
E. F. 3 of . 

Note — If it is a joint district, f ae notice must be signed by the super- 
visors of each town in which any part of the district lies. 



No. 6. 

Form of order organizing a joint school-district. 

It is hereby ordered and determined that [here describe the. 
territory by sections and pai"ts of sections] shall hereafter con- 
stitute a school-district, 1o be known as joint school-district 

No. , of the towns of [here insert the names of all the towns 

in which any portion of the district is situated]. 

Given under our hands, this day of , 19 — . 

(Signed) A. B. 'j Supervisors 

C. D. V of the town 
E. F. ) of • 

G. H. ■^ Supervisors 
I. J. V of the town 
K. L. ) of . 

fJoTK. — The above order must be signed by at least two supervisors from 
each t.'wn affected by it, and a copy must be filed with the town clerk of 
each town. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 



259 



No. 7. 



Form of acceptance of office by district officers elected at the first mootin-T 
after the formation of a district, to be filed with the clerk of ihc iuGi;t'^ 
ing. 

I hereby signify my acceptance of the office of , of 

school-district No. — , in the town of , to which I have 

been elected. 

Dated this day of , 19 — . 

(Signed) ' G. H, 



No. 8. 



Form of notice to be given to the district clerk when alteration of the 
boundaries of a district is contemplated. 

To C. D. , Clerk of school-district No. — , of town of : 



You will take notice that we shall be present at [here mention 

the place], on the day of , 19—, at — o'clock in 

the noon, to hear and decide upon certain proposed altera- 
tions of the boundaries of said school-district. 

Dated this day of , 19^. 

(Signed) A. B. ") Supervisors 

C. D. [■ of the town 
E. F. 3 of . 

NoTE.^In case of a joint district, the above notice must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district or districts to be affected by the proposed alteration. 



No. 9. 

Form of order for altering the boundaries of a school-district. 

It is hereby ordered and determined that the [here describe 
the territory by sections and parts of sections], now part of 

■ichool-district No. , of the town of , be and hereby is 

aken from s lid school-di^^trictj and attached to and made apart 



260 



SCHOOL LAWS OF WISCONSIN. 



of school-district No. , of said town for all purposes whatso- 
ever. 

This order will take effect on the • day of , 19 — . 

Given under our hands the day of , 19 —. 

(Signed) A. B. ) Supervisors 

C. D. I of the town 
- E. F. 3 of . 

Note 1. — The above order must be filed with the town clerk and the dis- 
trict clerk: and in case of a joint district the order must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district and hied with the town clerk of each town, and the district 
clerk of each district affected by the alteration. 

NoTK 2. The board of each district affected by the alteration may en- 
dorse their consent on the order as follows: 

We hereby consent to the alteration made in school-district 

No. — , of the town of , agreeably to the within order of 

the town supervisors of said town. 

(Signed) G. H., Director, ^ Of said school-district 
E. F. , Treasurer, V No. — , of the town 
C. D., Clerk, j of . 

Note. — When such consent is not endorsed upon the order.it will not 
take effect until three months after its date, and no order can be made to 
take effect between December 1, and April 1 immediately following. 



No. 10. 



Form of order of town supervisors awarding proportion of value of property 

to new district. 

To the district clerk of school-district No. — ,,of the town of 



Having formed a new school-district, No. — : — , of the town 

of , in part [or wdiolly] from the territory of your district, 

we have ascertained and determined the proportion of value of 
the school house and other property, justly due to such new 
school-district from your district, retaining such schoolhouse and 

other property to be dollars. You are therefore to raise 

and collect by tax, upon the taxable property of you.?- district, 

the said suna of dollars, and when collected pay the same 

to the treasurer of said new district. 

Given under our hands this day of , 19 — . 

(Signed) E. F. r Supervisor-; 

C. D. } of the town 
A. B. (of . 

Note. -In the casf^ of a joint district, the above notice must be signed by 
a majority cf the supervisors of each town embraced, in part, in the di.y 
tfiet, 



FORMS FOR THE USB OF SCHOOL OFFICERS. 261 

No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school-dis- 
trict No. — , of the town of , that the annual meeting of 

said district for the election of officers and the transaction of 
other business, will be held at , on the first Monday, be- 
ing the day of July, at 7 o'clock in the afternoon [unless 

some other hour was determined upon by the district at the 
previous annual meeting]. 

Dated this day of , 19 — . 

(Signed) 

C. D., 
-District Clerk. 

Note. — The above notice must be affixed to the outer door of the school- 
house, if there be one in the district, and must be posted up in at least 
three other public pl«,ces, at least six days before the time appointed for 
the meeting. 



No. 12. 

Form of notice for an adjourned district meeting, when such meeting has 
been adjourned for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified elec- 
tors of school-district No. — , in the town of , will be 

held at , in said district, on the — day of , 19 — , 

at — o'clock in noon, pursuant to adjonrnn>ent. 

Dated this — day of , 19—. CD., 

(Signed) District Clerk. 

Note — The foregoing must be posted the same as for the annual meet- 
ing. 



No. 13. 

Form of request for clerk to call a special district meeting. 
To A. B., clerk of school-district No. — of the town of 



Sir — You are hereby requested to call a special meeting of 
the above district on the day of , ly — , at 



262 SCHOOL LAWS OP WISCONSIN. 

o\]ork in the noon, for the purpose of [here state the 

business to be transaciedj. 

(Signed) A. B 

C. D 

E. F. 

G. H. 

I. J. 

Note. — The above notice must be signed by at least five legal voters. 



No. 14. 

Form of notice for sperfal district meeting. 

Notice is hereby given to the qualified electors of school- 
district No. — , in the town of , that a special meeting of 

said district will be held at , on the day of , 

19 — ^ at o'clock in the noon, for the following objects: 

[Here particularly specify each item of business to be acted 
upon.] 

(Signed) C. D., 

District Clerk. 

Note. — The above must be posted as for an annual meeting, and in case 
it is intend'd to raise a tax, or vote a loan, three-fourths of the, legal voters 
must be personally notified of the meeting, or a copy of the above notice 
must be let at their places of residence, c!t least six' days before the time 
appointed for the meeting. 



Form of notice for special school meeting for the purpose of authorizing 
the district board to borrow money from the trust funds of the state, and 
to vote the taxes required by law to be voted, in order to obtain such loan. 

Notice is hereby given to the qualified voters of school- 
district No. — , town of , that a special school meeting of 

said district will be held at , in said district on the 

day of , 19 — , at o'clock P. M., for the purpose of vot- 
ing on the following, propositions, viz.: 

1st. To authorize the school board to make application for a 

loan of dollars from the state trust funds, payable in 

vf»<a,rs, with interest at the rate of per cent, per 

annunr. payable annually in advance, for the purpose of build- 
inij a schoolhouse. 



FORMS FOR THE USB OP SCHOOL OPPICERS. 263 

2d. To raise by tax a sum sufficient to pay the principal and 
interest of such loan as it becomes due. 

3d. To raise by tax the sum of doldars, to be collected 

in the tax for the year to aid in building a schoolhouse. 

(Signed) . — , 

Dated . District Clerk. 



No. 15. 

Form of notice to be given by the clerk of a school-district meeting to the 
ofScers tilect who were not present at the meeting. 

To : 



You are hereby notified that at a meeting of school -district 

No. — , in the town of , held on the day of , 19 — , 

you were duly elected of said district. 

Dated this day of , 19 — . 

(Signed) C. D., 

Clerk of said meeting. 

Note. — This notice is required to be given within five days after the 
meeting, and only to those persons eleeted to oflBce who were not present 
at the time. 



No. 16. 



Pom of refusal to accept district office, to be filed with the clerk of the 

district. 

To the clerk of school-district No. . in the town of : 



You are hereby notified of my refusal to accept the office of 
— , to which I'was elected at the meeting of said district, 



held on the day of , 19 — . 

(Signed) ->• H. 

Note.— This notice of refusal must be filed within ten days after the 
election, or the person will be deemed to have accepted the office, and be 
liable for non-performance of duty. 



264 SCHOOL LAWS OF WISCONSIN. 



No. 17. 
Form of an appointment to fill a vacancy in the didtrict boar '. 

To A. B. : 

The office of [clerk, director, or- treasurer] of school-district 

No. , of the town of , having become vacant, you are 

hereby appointed to fill such vacancy until the next annual 
meeting in said district. 

Dated this day of -, 19 — . 

(Signed) G. H. , Director. 

E. 1'. , Treasurer. 
[Or other members of the board as the case may 6e.] 

Note. — It requires two members of the board to make va appo n'm^'t^t. 
If they neglect lor ten days to till tte vacancy, it must be ( one by the town 
clerk, after the following form; in either case the appointment must be 
filed with the district clerk. ' 



No. 18. 
Form, when the town clerk appoints. 

To A. B. 1 

The office of [clerk, director or treasurer] of school-district 

No. , of the town of , having become vacant, and the 

district board of said district having failed to fill the same 
within ten days you are hereby appointed to fill such vacancy 
until the next annual meeting of said district. 

(Signed) C. D., Town Clerk. 

Note. — In case a vacancy in a joint-district is to be filled by the town 
clerk, the appointment is to be made by the clerk of the town containing 
the schoolhouse. (See sec. i33.) 



No. 19. 

Form of refusal to accept a district office by appointment. 

To the district board of school-district No. [or the town 

clerk as the case may be], of the town of — : 

You are hereby notified of my refusal to accept the office of 



S'ORMS^OR THE USE OF SCHOOL OFPICERg. 265 

of school-district No. , of said town, to which I was 

appointed by you on the day of , 19 . 

Dated this day of , 19, . 

(Signed) G. H. 

Note. — The notice of refusal must be filed with the clerk or director 
within five days after the appointment, or the person shall be deemed to 
have accepted the oflBLce, and be liable to a fine for non-performance of 
duty. 



No. 20 (deed or lease). 

Form of deed of a schoolhouse site. 

Know all men by these presents, that I, A. B. [and C. B., 

his wife, if married], of the town of , in the county of , 

in state of Wisconsin, party of the first part, for and in consid- 
eration of the sum of dollars to them in hand paid by the 

district board of school-district No. , of the town of , 

county of , and state aforesaid, the receipt whereof is 

hereby acknowledged, do hereby grant, bargain, sell and con- 
vey to the said school-district, party of the second part and 
their assigns, the following described piece of land, namely: 
[Here insert description of land,] together with all the privi- 
leges and appurtenances thereunto belonging: To have and to 
hold the same- to the party of the second part and their assigns 
forever; and the said party of the first part for themselves, 
their heirs, executors and administrators, covenantj bargain, 
and agree, to and with the said party of the second part and 
their assigns, that at the time of the sealing and delivery of 
these presents, they are well seized of the premises above con- 
veyed, as of good, sure, perfect, absolute, and indefeasible 
estate of an inheritance in the law in fee simple and that the 
said lands and premises are free from all incumbrances whatso- 
ever, and that the above bargained premises in the quiet and 
peaceable possession of the third party of the second part and 
their assigns, against all and every person or persons lawfully 
claiming, or to claim, the whole or any part thereof, the said 
party of the first part will forever warrant and defend. 

In witness whereof, the said A. B. and C. B., his wife, party 
of the first part, have hereunto set their hands and seals, this 
day of , A. JD. it)—. 

Signed, sealed and delivered"^ A. B. [seal.] 

in presence of E. F. I C. B. [seal.] 

G. H. 3 

Note. — Such deed should be duly acknowledged before a notary public, 
justice of the peace, or other officer authorized by law to take such ac- 
knowledgment, and recorded in the office of the register of deeds for the 
county. 



266 SCHOOL LAWS OF WISCONSIN. 



FORM OF LEASE. 



Know all men by these presents, that A. B., of the town of 
-, in the county of , in the state of Wisconsin, of the 



first part, for the consideration herein mentioned, does hereby 

lease unto "school-district No. — , of the town of , " county 

of , in the state aforesaid, party of the second part, and 

their assigns, the following described parcel of land: [Here in- 
sert description of latid.] Together with all the privileges and 
H))purtenances thereunto belonging: To have ana to hold the 

same for and during the term of years, from the day 

of , A. D. 19 — ; and the said party of the second part for 

themselves and their assigns, do covenant and agree to pay to 
said parly of the first part, for said premises, the annual rent 

of dollars. 

In testimony whereof, the said parties have hereunto set theij- 

hands and seals, this day of , 19—. 

A. B., Lessor, [seal.] 

C. D. ^ District board of school- 

E. F. (■ district No. , of the 

G-. H. ) town of . 



No. 21. 



Form of contract between district and teacher. 

It is hereby agreed between school-district No. , of the 

town of , and L. M., a quaMfied teacher of the county of 

, [or superintendent district No. , of the county of 

, as the case may be], that the said L. M. is to teach the 

common school of said district for the term of [here insert the 

time,] for the sum of per month, commencing on the 

day of , 19 — , it being understood and mutually agreed that 

days shall constitute a month; and for such services prop- 
erly rendered, the said district is to pay to the said L. M., the 
amount that may be due according to this contract, on or be- 
fore the day of , 19«— . 

Dated this day of , 19 — . 

(Signed) 



A.B. , 


Director. 


C. D., 


Treasurer. 


E. F., 


Clerk. 


L. M., 


, Teacher. 



If the teacher holds a limited certificate, for a single town or district, the 

contract may read: "a qualified teacher of said town," or "said district." 

lu case the teacher is employed in a graded school, the particular de 



FORMS FOR THE USE OF SCHOOL OFFICERS. 267 

partraent for which he is engaged may be specified, and the contract may 
read: " dollais per week," if hired by the week. 

13y section 459 printed on page 71 of this code, it will be seen that '20 
days constitute a teacher's month, unless otherwise specified in the con- 
tract. Waen the teacher is hired at so much a month it is best always to 
specify in the contract how many days of teaching shall be considered a 
month. 

All legal holidays count as school days for both teacher and district, if 
they come on a day when school would otherwise be taught, but as the 
law now provides Saturdays are not to be counted. If a legal holiday oc- 
curs on Sunday, the succeeding Monday is a legal holiday. 

If the teacher is expected to build the fire, or cleanse or otherwise care 
for the schoolhouse, it should be so stated in the contract. If not spe- 
cially provided for, the district board must provide for janitor service. 

If the teacher expects the wages to be paid in monthly installments, or 
in partial payments of any kind, that should be clearly stated in the con- 
tract. 

The contract must be signed by at least two members of the board, and 
cannot lawfully be made, until a meeting of the board has been held. A 
copy of the certificate held by the teacher must be attached to the contract. 
See section 438. 



No. 22. 

Form of bond of district treasurer to be filed with the district clerk. 

Know all men by these presents, that we, E. F. , treasurer of 

school-district No. — , of the tov^n of , and L. M., his 

surety, are held and firmly bound unto said school-district in 
the sum of [here insert a sum of double t*ie amount to come 
into the treasurer's hands, as near as can be as'certainedj to be 
paid to the said school-district, for the payment of which, well 
and truly to be made, we bind ourselves, our heirs, executors, 
and administrators, jointly and severally, firmly by these 

presents. Sealed with our hands and dated this day of 

, A.. D. ly— . 

The condition of the above obligation is such that if the said 
F. F., treasurer as aforesaid, shall faithfully discharge the du. 
ties of his office as treasurer of said school-district, and shall 
well and truly pay over to the person or persons entitled 
thereto, upon the proper order therefor, all sums of money 
which shall come into his hands as treasurer of said district, 
and shall, at the expiration of his term of office, pay over to 
his successor in office all moneys remaining in his hands as 
treasurer aforesaid, and shall deliver to his successor all books 



ggg SCHOOL LAWS OF WISCONSIN. 

and papers appertaining to his said 'office, then this oblif^ation 
shall be void, otherwise of full force and virtue. 

Signed, sealed and delivered i'M , E. F. [seal.] 

presence of R. S. V L. M. [seal.] 

G. U. 



Form of approval to be endorsed on the bond of treasurer. 

We approve of the within bund and surety. 

(Signed) G. H., Director. 

C. D., Clerk. 



No. 23. 

Form of notice to treasurer to furnish additional security. 
To A.B., treasurer of district-school No. 



Sir. — Deeming the security upon your bond insufficient to 
proter.t the district against loss, we hereby require you to fur- 
nish a new bond in the sum of $ , with sureties to be ap- 
proved by us, within ten days of t-he date hereof. 

Dated this day of 19—. 

(Signed) CD., Director. 

E. F., Clerk. 



No. 24. 
Form of order on treasurer for moneys to be disbursed by school-district. 

To A. o., treasurer of school-district No. — , in the town 

of : 

Please pay to the sum of dollars for here 

specify the object for which the money is to be paid], out of any 
money in your hands, not appropriated, belonging to the [here 
name the fund on which the ordei was drawn], of said dis- 
trict. 

Dated this day of , 19 — . 

(Signed) C. D., District Clerk. 

G. H.. Director. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 



269 



No. 25. 

Form of school register to be kept by the teacher of each school. 

The register furnished by the district should be one arranged 
in four parts. The first part should consist of blank pa-jes tor 
entering the daily program of recitation and study. The fol- 
lowing is a model page of this part: 



DAILY PROGRAMME OP RECITATION AND STUDY. 

For term from to 190. . 

Teacher. 



Recitations. 


Text-Books. 


Study and Work. 


Beginning. 


en 

w 

U 


a 

O 








Branch. 


Book. 


Primary 
Form. 


Middle 
Form. 




Ilr. 


Min. 


Upper 
Form 




















































































































































270 



SCHOOL LAWS OF WISCONSIN. 



The second part of the register should consist of blank pages 
for entering the school number, name, age, sex, daily attend- 
ance and tardiness of every pupil who attends the school, with 
a blank column at the right of the page, if desired, for a monthly 
summary, and one for "remarks." Following is a model for 
this section. Usually there is space for four months of record 
upoa two contiguous pages. 



Teachers' Daily Register for the term commencing 
, 190 -. 



School Months, from to . 



-, and ending 
— , Teacher. 





03 

g 


<: 


Sex. 


n 
o 


>-> 

a 

VI 
D 

Eh 


CO 

® 
•a 


C3 

5 
Si 


3 
^ 


>-> 

G 
1 


CD 

H 


4; 


tn 

5 

-q 




13 

o 


Monthly 
Summaries. 






_a5 








a 


03 
O 

ft 

CO 

Q 


CI 

<B 

c« 

c3 
m 
>-, 

Q 


t3 
>-i 

03 
CD 

a 


Remarks. 


































































• •-•• 




.. 















































































































































FORMS FOR THE USB OF SCHOOL OFFICERS. 



71 



The third part of the register should consist of blank pages 
for sh<jwing the classification of the school, and recording ihe 
progress aad standing of each pupil in the several branches of 
study pursued Following is a model page of this sectioQ, 
which can be repeated for each class in the school : 



F[RST (OR SECOND, OR THIRD) CLASS IN GEOGRAPHY. 



Winter (or spring or fall) Term, beginning ending . . . . . 

C ass commenced Geography, and advanced to page . 





Name. 




Entered. 


Left. 


Passed 
over 


bJD 
c 


Pre- 
pared to 
go on 


Remarks. 


d 










pages. 


a 


from. 




'A 




< 








m 






1. 


John Jones 


15 


Nov. 1 


March 5 


19-78 


100 


Page 78. 


Studious. 


2. 


Jane Smith 


13 


Nov. 8 


March 8 


25-68 


68 


Page 6?. 


Inclined to 
be frivo- 
lous. 


3. 


H. Peters.. 


14 


Nov. 10 


March 5 


19-66 


100 


Page 66. 


Mother sick. 
Made up all 
gone over 
to Nov. 10. 
Will prob- 
ably make 
up during 
vacation to 
page 78, so 
as to go on 
with class. 



The fourth part of the register should consist of a pupil's 
record for the school year, or ledger, which will be statistics 
posted from the daily register, and upon which the clerk may 
depend for making up his annual report for the town clerk. In 
this record a pupil's name should be entered b'ut once in any 
one school year. In all the series of records each pupil should 
be givea a school number, which he should carry through the 



272 



SCHOOL LAWS OF WISCONSIN. 



school year, whether attending school much or little, and this 
numuer should be assigned to no other pupil during that year, 
Foilowing is the form of this section that may be used: 



Pupils' Record for the School Year commencing 
ending , 190 — . 



-, 190—, and 





Name. 


6 
< 


Sex. 


1st Month. 


2nd Month. 




No. 


-2 


a 

a- 

CD 


-1-3 

a 
<i> 

CO 
CO 

a 

p. 


a 
m 

03 
>-, 

Q 


CO 

a 


-t-3 

a 
<» 
m 
to 
u 
PM 
m 
k> 
cS 

Q 


CO 
05 

P 


c3 

Eh 
© 

a 


Remarks. 
































































































































































• 





Notes.— In filling up the daily register, the teacher will, of course, use 
her own preference in signs. The following are suggested: To indicate 
presence in the morning this mark— .^; to indicate presence in the after- 
noon this mark -"--; so that if the pupil is present morning and after- 
noon this sign will appear against the name for that day — X- If ^ardy in 
the morning the nuitiber of minutes may be placed in the upper angle, 

thus-X; if tardy in the afternoon, indicate in the same way thus — f^. 

The teacher should take the age of the child, when taking the name, and 
indicate the sex, as initial letters fail to give the necessary information. 

The teacher should carefully add the columns in the daily register at 
the end of each month, which need to be transferred to the ledger, and 
enter the summary therein accurately and legibly. 

It is very desirable that each district in the state be fully and accurately 
reportf>d. If one district in a town fails to report fully, the whole town 
suffers from this failure, in comparison with other towns that may be fully 
reported. 

That the register be neatly kept, it will be best for the teacher to use a 
small blank book, in which may be registered the absences for the day, 
and then at night the register may bo properly filled and footed. 

Forms of school registers are now published, which are so arranged that 
all the foregoing items, are eond' nsfnl and kept in a single book. In pro- 
curing registers school olScprs should consult teachers or superintendent. 
and purchase only such as are best adapted to simple yet complete records. 



FOUMg FOR THE U3F OF SCHOOL OFFICERS, 2Y3 



No. 2G. 



Form of notioe to town treasurer of apportionment of school moneys by 

the town clerk. 

Treasurer of the town of : 



You are hereby notified that I have apportioned the school 
moneys now in your hands, to the different districts of the town, 
as follows: 



To district No. 1 

do 2 

do 3 

do 4 

do 5 

Dated this — 



(Signed) 



dav of 



To district No. 6 

do 7 

To joint dist. . .1 

.......do 2 

do 3 



19_. 



Town Clerk. 



Note. — Immediately upon the receipt of the certificate of the town 
treasurer, of the amount in his hands (See form No. 27), the clerk shall 
proceed to apportion it among the several districts of the town from which 
reports have been received according to law, and thereupon he must notify 
the treasurer as above, that he may pay the moneys to the treasurers of 
the districts entitled to the same. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands subject to 

apportionment. 



To the town clerk of the town of : 

I hereby certify that there is now in my hands the sum of 

$ , school moneys, subject to apportionment to the school 

districts entitled thereto. 

Dated this day of , 19 — . 

(Signed) 



A. B., 
Town Treasurer. 



18 



274 



SCHOOL LAWS OF WISCONSIN. 



No. 2F. 



Form of report of town clerk to the county superintendent, of the narnes 
and post office addresses of the district clerks in his town. 

To the county superintendent of schools of the county of- 



Sir: — I hereby report to you the names of the school-district 
clerks in the town of , and their addresses, as follows:. 



District. 


Name of Clerk. 


PostofBce. 


No. 1 


A. B 




No. 2 


C. D 




No. 3 


E. F 




No. 4 


G. H 




No, 5 


I. K 




No. 6 


L. M.. 




Joint No. 1 


N. O 






2 


P. R 






3 


S. T 













(Signed) 



V. W., Town Clerk. 



Note. — The town clerk must report his own name and postoffice to the 
county superintendent within ten days after the said clerk's election, or 
appointment, and the name and office of each district clerk in his town, 
within ten days after the filing of the same in his office. 



No. 29. 



Form of determination of relative proportion of taxes to be assessed upon 
the different jjarts of a joint district, situated in two or more towns. 



Upon the application of A. B., C. D., and E. F. , tax- payers 

in joint school-district No. — , of the towns of and , 

we have made the necessary inquiry and examination, and do 
hereby determine that for every dollar of district tax to be 
hereafter levied upon that portion of the district, the sum of 
cents shall be assessed upon that portion of the district 



FORMS FOR THE USE OF SCHOOL OFFICERS. 275 

lying in the town of , and 

in the town of . 

Dated this day of , 

(Signed) 



cents 

19—. 


upon 

G. 

J. 
L. 

N. 
P. 
S. 


that part lying 

H., ("Assessors 
K, ] of 

M i 




0., ("Assessors 
R.', ] of 
T.J 



Note.— If assessors cannot agree, and the supervisors, or supervisors 
and chairman oi an adjoining town are called to act, they will also sign the 
above. See section ill. 



ISO. 30. 

Form of statement of the amount of taxes voted to be raised in a school- 
district, to be delivered by the district clerk to the town clerk. 

To R. S., towu clerk of the town of . 

The amount of taxes voted to be raised in school -district No. 

— , of the towii of , at the last annual meeting of said 

district, held on the day of July, 19 — , is [write the 

amount in words] dollars; which amount you are requested to 
assess upon the taxable property therein. 

Dated this day of , 19i — . 

(Signed) C. D., 

Clerk of School District No. — , of the town of . 



State of Wisconsin, County of , ss. 

C. D. , being duly sworn, on oath says that he is clerk of 

school -district No. — , of the town of , and the above 

statement by him made of the amount of taxes voted to be 
raised by said school-district therein is true. 

(Signed) C D. 

Subscribed and sworn to before me this day of , 

19— 

(Signed) J. P., 

Justice of the Peace. 

Note. — If a district has been lately organized and a tax was voted at 
the first meeting, as well as at the annual meeting, that should be stated; 
also any tax voted at a special meeting, held between the time of the an- 
nual meeting and the third Monday of November following. 



276 SCHOOL LAWS OF WISCONSIN. 



No. 31. 

t. 

Fmnu of statement of the amnnnt of taxps votod to be raised in a joint dis- 
trict, to be delivered to the clerk uf each town in which any part of 
the district is situated. 

To R. S., town clerk of the town of ; 

The amount of taxes voted to be raised in joint school-district 
No, — , of the towns of and , at the last annual meet- 
ing of said district, held on the day of July, 19 — , is 

[write the amount in words] dollars ; and the proportion of that 
amount to be raised in that part of said district which lies in 

the town of , is [write the amount in words] dollars, which 

you are requested to assess upon the taxable property therein. 
(Signed) C. D., 

Clerk of Joint School-district No. — 
Of the towns of and . 

Note. — Attach affidavit of the district clerk similar to the one given in 
form No. 30. 



No. 32, 

Form of application to board of supervisors to establish a schoolhouse site. 
To the board of supervisors of the town or 



At a regular meeting of school-district No. — , it was decided 
by a vote of a mjjority of the electors present, to apply to your 
honorable board to establish a schoolhouse site for said district. 
The district has selected' [here describe the location of the site 
aelected], but is unable to obtain the same, for the reason 
that ths owner of the land selected will neither lease nor sell 
the same to the said district [or that the owner is a non-resi- 
dent]. 

(Signed) A, B., 

District Clerk. 



FORMS FOR THE USE OF SCHOOL OFFICERS. 277 



No. 33. 

Form of certificate of district clerk that the notice for the meeting of the 
supervisors to establish a schoolhouse site has been given. 

To the board of supervisors of the town of 



I hereby ce«rtify that on the day of , I served the 

following notice upon the owner and occupant of the land therein 
described: [Here insert the notice in form 34.] 

Dated this day of , 19 — . 

(Signed) A. B., 

District Clerk. 

Note.— In case there is no account of the land selected for a site, and 
the owner is unknown or resides out of the state, the notice must be pub- 
lished in the nearest newspaper, for six weeks previous to the meeting of 
the board of supervisors, and the above certificate must state the facts of 
such publication, instead of personal service. 



No. 34. 



Form of notice for meeting of supervisors to decide upon an application to 

locate and establish a schoolhouse site. 

The undersigned will be present at , on the days 

of , at o'clock in the noon, to decide upon the 

application of school-district No. — , for the location and estab- 
lishment of a school house site for said district upon [here de- 
scribe the lands upon which it is proposed to establisii a site.] 

Given under our hands, this day of , 19 — . 

A. B. , ^ Supervisors 
C. D., I of the town 
E. F. ) of . 

Note. — In case the application is made by a joint district, the supervis- 
ors of all the towns in which any part of the district is situated must sign 
the above notice and be present at the meeting to establish the site. 



No. 35. 



Form of certificate of action of town board of supervisors in locatin|f and 

establishing schoolhouse site. 

We hereby certify that on the day of , A. D. 19 — , 

we located and established a schoolhouse site for school-district 



2^8 • SCHOOL LAWS OF WISCONSIN. 

No. — , comprisitifT the following described territory [here de- 
scribe the lands taken for a site according to the survey of the 
same],- and award the sum of dollars in full as compensa- 
tion to the owner [if there are two or more owners of the lands 
taken, specify the amount awarded to each], of the lands thus 
taken for said schoolhouse site. 

Dated this day of , 19 — . 

(Signed) A. B., '^ Supervisors 

C. D., /- of the town 
E. F.,) of . 

Note. — The certificate of the action of town boards of supervisors in 
locating and establishing an addition to a schoolhouse site will be the same 
as above, except that in the second line, after the word "est.vblished," the 
word " a " will be omitted, and the words " an aL'.dition to the " will be in- 
serted; and the last two lines will be made to read " taken for said addi- 
tion to said schoolhouse site." 

t^^Duplicates of the above certificates must be made out, and one of 
them must be delivered to the owner or occupant of the land taken, and 
the other to the district clerk of the district, who must have the same re- 
corded in the office of the register of deeds of the county in which the site 
is situated. 



No. 36. 



Form of certificate of the sheriff of a vacancy in the office of county super- 
intendent of schools. 

To , State Superintendent : 

Sir: — I hereby certify that a vacancy in the office of county 

superintendent of schools for county, Wisconsin, occurred 

on the day of , 19 — , by [here state the cause of the 

vacancy, whether by death, resignation, removal from the 
county, or the removal from office of the incumbentj. 

Given under my hand and seal of office, this day of , 

19—. 

(Signed) A. B., 

SheritJ of County, Wisconsin. 



No. 37. 



Form of a certificate of a county clerk, of the division of a county into two 
superintendent district?, and of a consequent vacancy in the office of 
county superintendent of schools. 

To , State Superintendent: 

Sir: — 1 hereby certify that on the day of , 19 _, 

the board of supervisors of the county of , divided said 



FORMS FOR THE USE OP SCHOOL OFFICERS. 



2'79 



county into two superintendent districts; that they have de- 
termined that the present county superintendent shall have 
jurisdiction of district No. — , and that district No. — , there- 
fore remains vacant. 

Given under my hand and seal of office, this day of . 

19^. 

(Signed) A. B., 

County Clerk of County, Wisconsin. 



No. 38. 

Form of statement of number of children of school age in a county, made 
by county superintendent for county treasurer, and county clerk. 

To A. B., treasurer [or, clerk] of the county of : 

Sir: — The following is the number of children over the age 
of four and under the age of twenty years, in those districts of 
ihe several towns in this county [or superintendent district as 
the case may be] which have maintained school for six or more 
months the past school year, as returned to me by the town 
clerks : 



Town. 


dumber of Children. 


Town. 


Number of Children. 


A 




D 




B 




E 




C 




F 













Dated this fifteenth day of August, I9 — . 
(Signed) 

County Superintendent of Schools for 



G. H., 

County. 



Note. — The above statement must be filed with the county treasurer 
and county clerk on or before the fifteenth day of August in each year. 



No. 39. 



Form of notices to teacher and district clerk of the intention of the county 
superintendent to annul said teacher's certificate. 

To A. B., teacher in school-district No. — , town of : 

Sir: — You are hereby notified that it is my intention to 



280 SCHOOL LAWS OF WISCONSIN. 

annul the certificate of qualification now held by you as a 
teacher. 

(Signed) B. B., 

County Superintendent of Schools for County. 

To E. F., clerk of school-district No. — , of the town of 



Sie: — You are hereby notified that it is my intention to 
annul the certificate of qualification held by , now em- 
ployed in teaching in your district. 

Dated this day of , 19—. 

(Signed) B. B., 
County Superintendent of Schools for County. 

Note. — The above notices must be served upon the teacher and district 
clerk at least ten days before the certificate is annulled. 



No. 40. 

Form of annulment of teacher's certificate and notice to town clerk. 

To A. B. : 

Sir: — The certificate of qualification held by you as a com- 
mon school-teacher in the county [or superintendent district or 

town J of , issued on or about the day of , 18 — , 

is hereby annulled. 

Dated this day of , 19 — . 

(Signed) C. D., 
County Superintendent of Schools for County. 

Note. — The above annulment will not take effect until the following 
notice has been filed with the town clerk of the town in which the teacher 
whose certificate is annulled is engaged in teaching. 

To the town clerk of the town of : 



Sir: — You are hereby notified that on the day of , 

A. D. 19 — , I annulled the ceitificate of qualification held by 
A. B., a teacher of your town, for the reason that in my opin- 
ion, the said A. B. does not possess the requisite qualifications 
as a teacher in respect to [moral character, learning or ability 
to teach, as the case may bej. 

Dated this day of , 19 — . 

(Signed) C. D., 

County Superintendent of Schools for the Cou-aly 
of . 



FORMS FOR THE USE OP SCHOOL OFFICERS. Qgl 



APPLICATION FOR DICTIONARIES. 



No. 41. 

Form of application for first supply of a school-district. 

State of Wisconsin, County of -, ss: 

— ■ , bein-g duly sworn, deposes and says that district 

No, — , in the town of , county of , has never been 

supplied with \^ebster's International Dictionary, by the state, 

as provided by law. , 

District Clerk. 

Post office . 

Subscribed and sworn to before me' 
this day of -, 19 — . 



Send by express to , care of . 

Note. — The dictionary formerly known as " Webster's Unabridged Dic- 
tionarj" is now known as "Webster's International Dictionary." No 
district, heretofore supplied with a dictionary under the former title will 
be entitied to a dictionary for re supply /ree of charge under the present 
title. See section 509. 



No. 42. 

Form of application for supply of additional departments. 

State ot Wisconsin, County, ss. 

, being duly sworn, deposes and says that the fol- 
lowing department — in district No. — , in the of , in 

the county of , ha — never been furnished with Webster's 

international Dictionary by the state, as provided for by law; 

department — unsupplied, ; department — heretofore 

supplied, •. 



District Clerk. 
Post ofBce - 



Subscribed and sworn to before me, "^ 
this day of , 19 — . I 

Send by express to , care of 



282 SCHOOL LAWS OF WISCONSIN. 



N<^. 43. 

Form of application for supply of additional departments in cities. 

State of Wisconsin, , County, ss. 

being duly sworn, deposes and says that the pub- 



lic schools in the city of , county of , embrace 

distinct departments, in as many different rooms (not including 
recitation roomsj, under different teachers, and that the follow- 
ing departments in said schools have never been supplied with 
Webster's International Dictionary, as provided by law: 



Departments unsupplied. 


Departments heretofore supplied. 




















- 



City Superintendent. 
Subscribed and sworn to before me"^ 
this day of , 19 — . 



Send by express to , care of 

No. 44. 

Form of application for dictionaries by the secretary of a town board. 

State op Wisconsin, County of , ss. 

, being duly sworn, deposes and says that the fol- 
lowing subdistrict — , in the town of , county of ha — 

never been supplied with Webster's International Dictionary, as 

provided by law, subdistricts unsupplied, ; subdistricts 

heretofore supplied . 



Secretary of Town Board of Directors, 

Post-office, 

Subscribed and sworn to before^ 
me this day of ,19 — . ' 

~— — ■ J 

Send by express to , care of . 



IPORMS FOR THE USE OP SCHOOL OFFICERS. £83 



No. 45. 

Porm of application for re-supply, when dictionary previously f urnishe d 

is lost. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has lost by , 

the copy of Webster's International Dictionary heretofore fur- 
nished to said district by the state. , 

District Clerk. 

Post office, . 

Subscribed and sworn to before me, this day of , 

1^'— . 



Send by express to , care of . 

Note. — The price of the dictionary must accompany the application. 



No. 46. 



Perm of application for re-supply, when dictionary previously furoisked is 

worn out. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the 

dictionary heretofore furnished to district No. — , in town of 
, county of , is so worn out as to be unfit for use. 



District Clerk. 

Subscribed and sworn to before me, this day of 

19—. 



Send by express to , care of 



The last two forms above can be altered to meet circumstances, in 
case the application for a re-supply is for a graded school in a city or vil- 
lage. 

E^" Dictionaries are not furnished free for a re-supply, but at the cost to 
the state, viz.: Plain edition, $7; indexed, $7.50. The money, or a money 
order, or a draft must in all cases accompany the application. It is bet- 
ter to send a money order or draft, as the state is not responsible if the 
money is lost. 

51^" Applications for dictionaries must be made by the district clerk, the 
secretary of the town board, or the superintendent of the schools in a city 
or incorporated village, and the post office of the applicant should be 
given as well as the nearest express station. Dictionaries cannot be sent 
by mail. 



2g4 SCHOOL LAWS OF WISCONSIN. 



FREE HIGH SCHOOLS. 



No. 48. 

Form of resolution proposing establishment of a high school. 

In order that the question of establishing and maintaining a 
lii^h school in the town of may be submitted to the elect- 
ors thereof for determination, the following resolution is hereby 
proposed for adoption : 

Resolved, by the town board of the town of , That a high 

school be established and maintained in said town. The towr 
clerk is directed to give notice that said resolution will be suh- 
mitted to a vote at the annual town meeting (or, general elec- 
tion) to be held in said town on the day of , 19 — , (or, 

at a special meeting or election to be held ou the day oi 

,19 — , which the town clerk is hereby required to call upon 

due notice). 

Dated this day ot , 19 — • 

(Signatures of Board.' 



ii'orm of notice that foregoing resolution will be submitted to vote. 
Notice is hereby given to the electors of the town of 



in the county of , that at a special election which is hereby 

called (or at the annual town meeting or general election) to be 

held in said town on the day of , 19 — , the following 

resolution will be submitted to the vote of said electors: 

, Resolved, etc. [as in the foregoing]; and that at said election 
members of the high school board will be chossn, to take their 
offices if said resolution be adopted, the clerk for one year, the 
treasurer for two years, and the director for three years; their 



FORMS FOR THE USE OF SCHOOL OFFICERS. 285 

respective terms of ofTice beginning with the annual town meet- 
ing. 

Dated this — — day of -, .*9 , 

(Signed) .,=_.,. — , Town Clerk. 

Note.- The above forms may be used with the proper changes, in the 
case of incorporated villages, or graded school-districts, the call and notice 
fo be signed by the village or district clerk. 

In case the call is for special school-district meeting, it must be signed 
by at least five legal voters of the district, and the notice given at least six 
days before the time appointed 



No. 50. 

Form of certificate to be forwarded to the state superintendent to secure 
participation in apportionment to free high schools. 

This may certify that on the day of , 3 9, — , the legal 

voters of the town of [or towns of , where two or more 

lowns unite, or of school-dislrict No. — , town of , where 

vote is by a school- district, or city, or village] adopted a reso- 
lution to establish and maintain a free high school in said town 
(or towns, or school -district), an^^ the persons whose names are 
hereunto appended have been duly elected to the office appended 
to their names, respectively. We further certify that no (or 

one or more) graded school exists in said of . The 

course of study adopted by said high school board for said high 
school is herewith submitted tor the approval of the state super-^ 
iiitendent, and the names and examination papers of , pu- 
pils prepared to enter said high school, who are residents of 

said town (or towns, or school-district) of , are herewith 

forwarded for inspection. The examination of these pupils was 
held on the day of , 1 9 — , and was conducted by . 

Dated at , this day of , 19— ~. 

! Director. 
Clerk. 
Treasurer. 



Note. — With this certificate thn examination papers of at least twenty- 
five pupils, res^idents of the high school-district, should be forwarded The 
character and scope of these examinations are commented upon in the h igh 
school pamphlet. 



286 SCHOOL LAWS OF WISCONSIN. 



TOWNSHIP SYSTEM OF SCHOOLS, 



No. 51. 
Form of petitioo. 



To M. S., Town Clerk: 

The undersigned electors of the town of , hereby petition 

that the question of township school government in said town 
may be submitted to the electors thereof, at the ensuing annual 
town meeting (or, general election). 

Dated this day of , 19 — . 

(Signed) , 



NoTK. — The petition is to be signed by at least ten electors of the town 



No. 52. 

Form of notice to be given by town clerk. 

Notice is hereby given that at the annual town meeting (or, 

general election), to be held in said town of , on the 

day of , 19 — , the question of township school government 

in said town will be submitted to the electors thereof, a peti- 
tion therefor having been presented to me signed by ten electors 
of said town. 

Dated this day of , i9 — . 

(Signed) , Town Clerk. 



INDEX. 



ACADEMIIBS— Page 

incorporated, to report to state superintendent 179 



ACCEPTANCE— 

must be in writing, and filed wltli tlie district clerk .... 4 

of district office by two officers necessary to organization 

of district 4 

of school district office 34-36 



ACCOUNT— 

of district board for expenses to be presented to district 

meeting for allowance 40 

of sctiool !board to be examined 20 

to be kept by the district treasurer 54 



ACTIONS— 

to be brought under the compulsory law , 45-46 

to be 'brought by chairman or director of board of educa- 
tion 1 46 

to be brought by city superintendent . . .i 46 

to be brought by truant officer 46 

director to appear in, for district ., 53 

director to commence, on treasurer's bond 53 

against town treasurer, by district treasurer 56 

against county superintendent for neglect to make report 164 

against county treasurer, by town treasurer 108 

against district treasurer, by district i 53 

may be brought by an elector in certain oases 166 

against district clerk for neglect to make report 164 

against town clerk for neglect to make report ' 164 



ADJOURNMENT— 

of school district meeting, notice of, when for a longer time 

than one month i 12 

of school district meeting 19 

19 



290 INDEX. 

ADMISSION— Page 
of non-resident pupils to county training schools for 

teachers 188 

of non-residents to free high school 147 

of pupils from other districts , 25 

of persons over twenty into public schools 25-43 

AFFIDAVIT— 

of district clerk to be attached to his annual report 101 

to statement of taxes voted i 112-137 

must accompany appeals 160-161-162 

must be made to application for dictionaries , 171 

AGE OF CHILDREN— 

entitled to attend school free , 101-255 

must be taken and inchided in the census -, 101 

AID— 

state, for instruction of deaf mutes 190 

state, to county training schools 186 

state, to graded schools 67-68 

state, to manual training departments 156 

state, to free high schools 152-153 

state, to schools of agriculture and domestic economy . . . 184 

ALTERATION— 

of proceedings of district meetings 'IS 

AGRICULTURE— 

to be taught in common schools 58 

AGRICULTURE AND DOMESTIC ECONOMY— 

boards provided for i 181 

county superintendent to be secretary of board 182 

county treasurer to be treasurer of board ,. . 183 

inspection of schools ,. . . . 183 

schools, how established ,. • 181 

state aid to , 184 

two counties may unite in establishing schools of ,. . 182 

ALTERATION OF SCHOOL DISTRICTS— 

In town and village i 10 

notice of meeting of supervisors to consider , 5-6 

notice of, to be filed with town clerk and district clerk . . 6 
not to take effect between the first day of Decemiber and 

the first day of April following 6 

of joint districts, how made , 7 

of joint districts, emibracing villages and cities 8 

of sub-districts, how made 209 

to be made by town board of supervisors . 2, 5, 6 



INDEX. 291 

AMlENDMENTS— Page 

to laws, furnished to school districts 106 

ANNUAL DISTICT MEETING— 

may vote to change text-books 50 

to determine time school shall be taught , 26 

to determine sex of teacher ■ 26 

vote tax to compensate clerk . . . ., 28 

when to be held , 12 

notice for, how given , 12 



ANNUAL MEETING— 

of board of education in cities , 204 



ANNUAL REPORT— 

of district clerk , 101 

of town clerk , 104 

of county superintendent , 105 

of city superintendent or clerk 105 

ANNULMENT— 

of teacher's certificate by county superintendent 72-90 

notice thereof to be filed with town and district clerk 72 

of teacher's state certificate by state superintendent . . .,. • 76 

APPARATUS— 

purchase of, by district board 40 

tax to be voted for, limited , 24 

to be approved by state or county superintendent 40 

APPEALS— 

decisions of state superintendent final ,. . . . 251 

decisions to be made within thirty days after the hearing 

thereof is closed i 159 

effect of, from judgment against district 138 

from decision of school district board 159 

from refusal of county superintendent to grant certificate 

may be taken by applicant 6B-162 

may be taken by persons aggrieved . . . ., 125 

no reversal of decision rendered after thirty days 159 

rules respecting i 159-163 



APPENDAGES— 

board to provide for the school-house 39 

APPLICANTS— 

for examination by county superintendent . . . ., 60 



292 INDEX. 

APPLICATION— Page 

of interest on school fund 254 

of money received on division of district , 9 

for loan by school district 118-119 



APPOINTMENT— 

of boards of education in cities '. 203-204 

of city superintendents 87 

of truant officers , 45 

of sub-district clerks 220 

to fill vacancy on school board . ., 36 



APPORTIONMENT— 

of free high school tax 152-154 

of school fund by state superintendent 2'2S'-230 

of school tfund income , 226 

of school fund income, notice of ,. . 227 

correction of , 22S 

of school money by town clerk , 10'7-22>; 

to state graded schools 67 

of tax for buildings, etc., under township system 222 

supplementary, to free high schools 153 

to high school districts ,. .141-142-152 



APPROVAI^- 

by city council of change in text books in cities 50 



ARBOR AND LABOR DAY— 

and bird day 173 



ASSESSMENT— 

compensation to assessors 110 

in joint district . ., 110 

of district taxes i. . . . 110-112 



ATTAINMENTS— 

standard of, to be established by county superintendent 62 



ATTENDANCE— 

at school 44 

compulsory, between the ages of seven and fourteen . . 44 

on institute by teacher, without deduction from wages . . 83 

state graded schools ,. . 66 



INDEX. 293 



BLACKBOARDS— Page 

tax for purchase of , 24 

BLANKS— 

for reports, to be furnished by state superintendent . . . 106 

BOARD— 

(See County Board of Supervisors.) 
(See Town Board of Directors.) 
(See Town Board of Supervisors.) 
(See District Board.) 

BOARD OF EDUCATION— 

authority of, in cities 205-206 

clerk of, to make report , 105 

duty of, to appoint truant olflcez's , 45-46 

in cities, annual meeting 204 

in cities, appointment, terms , 203 

in cities, to determine what textbooks shall be used ... 51 
may cause foreign language to be taught not to exceed 

one hour each day 58 

may Insure school property and execute note for pre- 
mium ., 52 

may invest school funds i. . 173 

may order changes in textbooks 50 

may provide kindergartens , 58 

president of, to sue for forfeitures 46 

shall be high school board in certain cases 143-145 

shall have all powers of school district boards .,. ., 213 

to erect school buildings, etc 206 

to hold monthly and special meetings ,. . ^-06 

to make estimate of school expenses for year 206-207 

to make rules for furnishing textbooks 51 

to provide office for board , 206 

to purchase textbooks 51 

BOARD OF EXAMINERS— 

conaipensation of members . . ., 74 

may recommend the issuance of special licenses in cer- 
tain oases 1 79-80 

meetings, when, where ■ ■ ■< 72 

payment of expenses in conducting county superintend- 
ents' examinations > 99 

shall be appointed by state superintendent , 72 

shall examine applicants for county superintendents' cer- 
tificates 1 99 

shall recommend countersignature of certificates granted 

by other states 74 

shall recommend the issuance of state certificates based 

on diplomas .,.,.<.,,,.,...<...(..'...... 76 



294 INDEX. 

BOARD OF REGENTS OF NORMAL SCHOOLS- Page 

compensation of 243 

meetings i 242 

officers of , 242 

powers of 241-245-246 

remioval of, disqualification of officers i. . . 243 

report i 248 

their terms and vacancies i. . . 241 

BOARD OF REGENTS OF UNIVERSITY— 

accounts against .....i 235 

duties of 233 

expenses of i 240 

meetings of 233 

officers and powers of i 232 

reports of i 234 

BOND— 

of district treasurer , 53-54 

of treasurer of free high school board 145-14(5 

to cover lease of site i 126-127 

United States bonds, school funds may be invested in . . 173 

BOOKS— 

dealer to furnish library to be selected by committee .... 132-133 
for records and other purposes, to be purchased by dis- 
trict board 1 40 

to be furnished to indigent pupils 40 

text, adopted by city and Tillage boards of education . . 51 

text, may be purchased by district , 26-29 

text, purchased by city and village boards of education . 51 

for register, to be furnished by district clerk 57 

text, to be determined by district board 50 

BORROWNG MONEY— 

by high school district . . . .i 116-152 

by school districts 114-122 

for teachers' wages , 116 

interest on loans 114-115 

BRANCHES— 

additional ones may be taught 60 

examination in, for county certificate i 60 

examination in, for state certificate 73 

to be taught in school i 58 

examination in additional, for county certificate 60 

BOUNDARIES— 

of school districts may not be changed except under cer- 
tain conditions i- • 122 

may be changed i 7 



INDEX. 295 

BULLETINS— Page 

of farm institutes , 134 



C. 

CADETS— 

graduates, rank of , 181 

inspection of 180 

inspection officer, report of 180 

inspection, suspension from 181 

CENSUS— 

officer's duty , 101 

CERTIFICATE— 

branched required 60 

county superintendent's, provided for . . . ., 99 

diplomas of graduates of state normal schools, Milwaukee 
high school, state university and other colleges con- 
verted into teachers' state 81-76 

duration of , 60-61 

first grade, what studies applicants for, must be examined 

in , 60-61 

foreign, may be countersigned 74 

for primary teachers , 71 

limitations 60-61 

manual training, domestic science 79 

may be annulled ., 72-73-76 

may be granted on transferred papers 61 

of establishment of free high schools , 139 

of graduates of free high schools m.ay be countersigned 

and have force of first grade certificates for five years 64 

of judgment against school district 137 

of land taken for school house site 124 

of qualification granted to teachers 60^81 

of town treasurer of moneys to be apportioned 108 

of town treasurer to district clerks of amounts paid to 

district treasurers , 108 

of value of school house, etc ,. . 9 

second grade, what studies applicants for, must be exam- 
ined in 60-61 

state, shall be recorded by state superintendent 73 

state superintendent shall issue to graduates of Univer- 
sity of Wisconsin and Wisconsin normal schools 81 

state snperintendent to grant, to teachers in manual 

training" departments i i 155 

teachers', additional branches required for 60-61 

teachers', duration of first and second grades increased 60-61 



296 INDEX. 

CERTIFICATE— Continued. Page 

teachers', how annulled . 72-73-76 

teachers', limited as to time and place 61 

teachers', standard of attainment required for 73 

teachers', state, conditions of . . . ., 73-75 

teachers', transfer and renewal of 61-62 

teachers', who not to have i 60 

third grade, what s,tudies applicants for must be exam- 
ined in , 60-61 

three grades established 60 

to be granted to free high school teachers 154 

to gi'aduates of county training schools 187 

to primary teachers in certain cases 71 

CHALLENGE— 

of voters , 17 , 19 

CHARGES— 

against teachers, made in writing 72 

CHILD LABOR LAW , 47 

CHILDREN— 

crippled, to be admitted to state public school 179 

employment of , 47 

of town or county poor, how educated , 172 

truant, to be placed in school 44 

CITIES— 

general charter law 203-208 

of the first class, school boards in 192-203 

Clerk: 

village clerk or clerk of board to report to county super- 
intendent I ^ 105 

Council : 

to approve changes in textbooks , 51 

districts lying in, how altered 10 

instruction of deaf mutes in , 190 

no part of, to be embodied in new joint districts 10 

Superintendent : 

duties of 1 46 

eligibility, qualifications required, how appointed 87 

not to engage in other business , 87 

to furnish information of blind or deaf persons 98 

to include statement of deaf and blind children report 

to county board i 98 

to report to state superintendent 105 



INDEX. 297 

CLAIMS— . Page 

discounting of, by public officer 168-169 

CLERK— 

(See District Clerk, Toiwn Clerk.) 

COLLEGES— 

incorpora,ted, to report to state superintendent 179-180 



COMMITTEE^- 

to examine accounts of school board 20 

to make contracts with firm or dealer for library books. 

periodicals etc 132-133 

to require bond of successful bidder 132-133 

to be composed of state superintendent, attorney general 

and secretary of free library commission 132-133 



COMMERCIAL SCHOOLS— 

state superintendent authorized to fix course of study in 

certain cases i 173 



COMMON SCHOOLS— 

exercises in, must be conducted in the English language 58 

fund, how distributed . ., 226, 228, 230, 231, 255 

government of i. - 42-43 

no sectarian instruction to be allowed therein 255 

to be free to children of certain age 255 

to be maintained seven months in each year, or not share 

in fund , 226-227-229 

what shall be taught in ; 58 



COMPENSATION- 

of city superintendent ,. . 87 

of clerk, limited > 281 

of county superintendents i. . 89-90 

of county judge for services in removal of officer 166 

to land owners for schoolhouse site 124, 126 

of members of board of examiners 74 

of normal school regents 243 

of secretary of town board of directors ,. . 210-212 

of state superintendent's assistants 252 

of truant officers i 46 

of university regents 240 



COMPULSORY EDUCATION— 

law relating to i. 44-46 



298 INDEX. 

CONSTITUTIONAL PROVISIONS— Page 

in regard to common schools i 254-255 

in regard to school funds 2^4-255 

in regard to state superintendent ., 254 

CONSTITUTIONS— 

to he taught in common schools 58 

CONTRACT— 

Certificate to he attached (hereto 41 

shall terminate 41 

to be filed with clerk 41 

what shall be specified in 41 

when not valid i. 41 

with teacher i 49, 213 

CORRECTION— 

of apportionment i 228 



COUNTERSIGNATURE— 

effect of, on diplomas and life certificates 76 

of diplomas from Mi.waukee high school ., 76 

of high school diploma by county superintendent 64 

of normal school kindergarten diplomas 76 

COUNTY BOARD— 

may allow county superintendent's traveling expenses . . 88, 96 
to allow county superintendent's expenses for stationery 

and traveling i 88, 96 

to allow certain amount to district for each public 

charge i 172 

to approve bond of county superinfjendent 89 

to audit bill of expenses of county superintendent ....,■• 90 

to levy school tax upon the towns '. 230 

COUNTY SUPERINTENDENT— 

certificate, examination for ^ 99 

compensation of, fixed by county ooard 89 

eligibility to office i 85, 97 

liability for neglect to make annual report 164 

may accept final normal school standings 70 

may accept transferred papers 62 

may appoint deputy 95 

may be allowed actual traveling expenses 89, 90 

may countersign high school diplomas 64 

may demand examination in additional branches 60, 61 

may give applicant private examination 95 

may purchase dictionary from state superintendent 171 

may require re-examination 63 

not to act as agent for author, publisher or bookseller . . 165 



INDEX. 299 

COUNTY SUPERINTENDENT— Continued. ^. i i Page 
not to teach, engage in other profession, or absent him- 
self from county 97 

removal of, from office i 166 

residence and office of 97 

salary may be fixed by statute 89 

salary, supervisors to fix 89 

to annul teachers' certificates 72 

to attend annually one convention of county superintend- 
ents 96 

to be elected on first Tuesday in April....... 86 

to be secretary of training school board 185 

to be secretary of board, schools of agriculture 181 

to be reimbursed actual expenses in attending county su- 
perintendents' conventions , 90, 96 

to certify names and numbers of books selected to county 

clerk 131 

to declare schoolhouse unfit for use 92 

to direct district board to make repairs 92 

to establish standard of attainments for his county ..... 62 

to examine and license teachei^s 90 

to file notice of annulment with town and district clerk. . 72 

to form inspection districts and hold meetings ,. . 94, 95 

to furnish information of blind or deaf persons 98 

to furnish lists of books to town, city and village clerks 131 

to give bonds i 89 

to give notice of complaints i. 72 

to give written statement on demand to applicants re- 
fused certificates i. . 63 

to hold school board convention 95 

to miake and keep list of hooks |.. 131 

to hold examinatioms at county seat 94-95 

to hold institute i 93 

to hold at least one meeting for examination of teachers 

in each inspection district annually 94-95 

to keep record of moneys paid out 94 

to notify county clerk to draw order on county treasurer 131 
to notify district clerks of time and place oi meetings for 

examination of teachers 95 

to pay over moneys to successor , 169 

to report annually to county board and state superintend- 
ent 1 97-105 

to report number of children to county clerk and county 

treasurer i. 105 

to select library books h- • • 131 

to visit schools i 92 

traveling expenses ■^ 89-90 



COUNTY SCHOOLS OF AGRICULTURE AND DOMiESTIC 

ECONOMY 1 183-184 



300 INDEX. 

COUNTY TRAINING SCHOOLS FOR TEACHERS— Page 

apportionments i 185 

appropriation tor 186 

boards provided for i 185 

certificates to graduates of 187 

county superintendent to be secretary of board i 185 

duty of state superintendent , 186 

how established 185-187 

inspection of i 186 

joint training school districts, cost of, how apportioned . . 188 

moneys for, how paid 186 

officers to give bond, to subscribe an oath 185 

state aid to , 186 

treasurer, money how expended i 188 

tuition, non-resident, how collected, who may attend . . . 188-189 

vacancies ^ 185 



COURSES OF STUDY— 

in free high schools shall include certain brandies 65-154 

in state graded schools i 68 

theory and art necessary before high school diploma can 

be countersigned ; 64-65 



COUNTY TREASURER— 

how to dispose of moneys uncalled for i 228 

to apply to state treasurer for school money apportioned 

by state superintendent 228 

to be treasurer of board, schools of agriculture 186 

to collect taxeiS . . .|. 112 

to give notice to town and city trersurers 228 



D. 

DAY SCHOOLS FOR DEAF ; 190-192 

annual reports, when due .i 190 

board of education to have control of ,. . 190 



DEAF MUTES— 

instruction of, in vii;a-ges and cities 190 

state aid for ., j^90 

teachers of, qualifications approved by state superintend- 
ent ,.. 190 

DEBTS— 

of extinguished districts, how paid ., 11 

of school district, tax may be voted for 24 



INDEX. 301 

DECISION— Page 

no review of, after thirty days 159 

of district meeting, town supervisors, etc., may be ap- 
pealed from 1 159 

of state superintendent 251 

DEPUTY COUNTY SUPERINTENDENT— 

liow appointed , 95-96 

qualifications of ,. .95-96 

DICTIONARY— 

money received from sale of, to be paid to state treasurer 171 

to belong to district library , 172 

Webster's may be furnished school districts by state su- 
perintendent 171 

DIPLOMAS— 

high school, may be countersigned by county superintend- 
ent 64-65 

Milwaukee high school may be countersigned . ., 76 

normal school kindergarten, may be countersigned 76 

of institutions other than university of Wisconsin and Wis- 
consin normal schools 74-75 

of university and normal schools may be countersigned . . 75 

of university may be countersigned , 236 

DIRECTOR— 

length of term . , , 34 

to a'ppear for the district in all actions , 53 

to approve treasurer's bond 53-54 

to be elected by ballot , 19 

to coiintersign orders drawn by clerk 53 

to demand additional bond from treasurer 54 

to file certificate of appeal from judgment , 138 

to forfeit sum for countersigning unauthorized orders .... 165 

to prosecute district treasurer 53 

to sue for forfeitures ' .i 46-138-165 

DISTRIBUTION— 

of income of school fund 226 

DISTRICT— 

(See School District.) 

DISTRICTS— 

superintendents, county board may divide 88 

superintendents, effect upon cities i 88 

superintendents, what shall constitute 88 

DISSOLVED DISTRICT— 

property of 11 



302 



INDEX. 



DISTRICT BOARD— Page 

have power to adopt textbooks . 50-51 

may cause foreign language to be taught not to exceed 

one hour each day 58 

may insure school property and execute note for premium 52 
may make rules for the government of the district 

school 1 42-43-44 

may provide kindergartens 58- 

may purchase school books for children whose parents are 

unable to furnish them 40 

may suspend or expel pupils . ., 42-43-44 

meeting of, how called • i 35 

members of, shall forfeit sum for change of text-books not 

in compliance with law 52 

to admit non-resident pupils 25 

to authorize prosecutions under compulsory law 45 

to build schoolhouse 38 

to construct schoolhouses with doors swinging outward.. 167 

to designate officers to arrest truant children ,. . . 45 

to fill any vacancy in their own number ,. . ., 36 

to give notice under compulsory law 45 

to have the care of schoolhouses. etc ,. . . . 38-39 

to hire teachers 41-42 

to keep schoolhouse in repair 38-39 

to levy school tax in certain cases 41 

to make choice of and change text-books 50 

to present account of expenses incurred to district meet- 
ing 1 40 

to provide appendages for schoolhouse 39 

to purchase apparatus, record blanks, books, etc 24, 40 

to purchase a United States flag for each school room ... 40 

to purchase or lease site for schoolhouse .i 38 

to report at annual meeting 12 

to visit and supervise school 52 

to Aisit and supervise school 38 

who shall constitute it . ., 35 

DISTRICT CLERK— 

compensation may be voted at annual meeting 28 

length of term , 34 

liability for neglect to make annual report ,. . 164 

may sublscribe for Journal of Education 171 

of high school, to make report 146 

of STib-district. duties of , 219 

of sub-district, shall ibe member of town board 219 

of sub-district, shall have charge of school-house 219 

of sub-district to act as secretary of meetings 219 

of sub-district, to give notice of annual meetings 220 

of sub-district, to report to secretary of town board 219 

§h9,ll have access to treasurer's books 55 



INDEX. 303 

DISTRICT CLERK— Continued. Page 

to act as c'.erk at district meetings 56 

to approve treasurer's bond i 54-55 

to be elected by ballot , 19 

to call special meetings u . 13 

to certify to town clerk statement of taxes 112 

to demand additional security from treasurer 54 

to draw orders on district treasurer 56 

to enter minutes of meetings, etc ,. 56 

to file teacher's certificate of attendance on institute .... 82 

to forfeit sum for drawing unauthorized order 165 

to furnish school register ,. . • 57 

to include moneys due new district in statement of tax 

made to town clerk i 9 

. to include the name, age and sex of each person of school 

age residing in the district in annual report 101 

to make record of orders drawn i 56 

to make report to town, city or village clerk 101 

to notify persons of election or appointmient to office 34, 57 

to post notice of annual meeting , 12 

to report amount of money received, sources from which 

and manner of expenditure 102 

to report name and postoffice of district oflioers to town 

clerk 1 56 

DISTRICT LIBRARY— 

(See Public School Libraries.) 

fund, how oblbained 130-131 

of adjoining districts may be united . . . .■ 128 

regulations concerning 129-130 

tax may be voted for i 24-25 

title to be vested in district 128 

to be in charge of librarian , 128 

under township system 134 

DISTRICT MEETINGS— 

annual, notice for, how given 12 

annual, when held i 12 

first one, how notified i 2 

special how called • i 13 

to authorize board to borrow money 25 

to authorize purchase of textbooks 26 

to be called by town supervisors in certain cases 3 

to determine whether school shall be taught by male or 

female teacher 26 

to determine time school sliai: be taught 26 

to direct sale of property 24 

to vote tax for teachers' wages 23 

DISTRICT OFFICERS— 

who shall be 34 



304 INDEX. 

DISTRICT PROPERTY— Page 

board to have care of 38 

how divided on division of district 9 

sale of, authorized , 24, 38, 212 

DISTRICT TAXES— 

assessment and collection 110, 112, 216, 221, 224 

for providing free transportation of pupils (. . 27 

limit of, for all purposes 29 

limit of, for apparatus . .| 24 

limit of, for building, hiring or purchasing schoolhouse . . 22 

limit of, for district library 24 

limit of, for teachers' wages , 23 

to compensate the clerk 28 



DISTRICT SCHOOLS— 

(See Common Schools.) 

establishment provided for ■ 255 

tuition; sectarian instruction 255 

what studies shall be taught in ,. . 58 

DISTRICT TREASURER— 

length of term 34, 54 

neglect to file additional bond 54 

of free high school to give bond ., 145-146 

of free high school, to pay out moneys 150 

to apply certain tax to payment of debt 115 

to be elected by ballot , 19 

to deliver books, papers and moneys to successor 54-55 

to excute and file bond ,. . . 53 

to give additional security when demanded by director 

and clerk 53-54 

to keep account s 54-55 

to pay money on order of clerk 53-54 

to prosecute for forfeitures in certain cases 165 

to prosecute town treasurer 56 

to receive high school aid , 141 

to receive money from town treasurer 54 

to report to annual meeting , 55 

when selected 19 

who may not be . . ., 54 

DIVISION— 

of joint libraries 128 

of property 9 

of school districts 6, 7, 8 

DOORS— 

to open outwardly , 167 



INDEX. 305 

DUTY— Page 

neglect of 164-165-156, 169 

of board of regents of normal schools 241-242 

of board of regents of university 232-233 

of county superintendent 90-97 

of county treasurer 228 

of district clerk . . ., 56, 101, 219 

of district director 53 

of district treasurer . ., 53-56 

of high school board 145 

of officers to sue for forfeitures . ., 46 

of parents and guardians 45-46 

of secretary of town board , 213 

of state superintendent 249-253 

of sub-district clerk , 219 

of town clerk 107 

of town treasurer 1D8-218 

of truant officers C5-46 



E. 

EDUCATION— 

compulsory , 44-45 

constitutional provision in relation to 254-255 

of children maintained at public charge . .i 172 

ELECTION— 

of officers of school districts 34 

of state superintendent . ., 249 

ELECTORS OF A SCHOOL DISTRICT— 

may direct purchase or sale of school-house site, etc 24 

their powers at first or annual meeting 19, 34 

to assemble at first district meeting .| 2 

to elect school board of seven members 20 

to vote tax for transportation and tuition . ., 28 

to examine accounts of school board 20 

ELIGIBILITY— 

to office of county superintendent i 85 

EMBEZZLEMENT- 

punishment for i 55-56 

what constitutes i .• 55-56 

EQUALIZATION OF TAXES— 

by town board of assessors 110-113 

20 



306 INDEX. 

ESTABLISHMENT— Page 

of free high schools ,. . . . 139 

ot schoolhouse sites 124-127 



EXAMINATION— - ' 

as principal of free high schools 72-73 

for county superintendents' certificates 99-100 

for teachers' state certificates . . . : 72-73 

in additional branches , 63 

meetings for, how notified, and when held 94-95 

of free high school teachers , 154-155 

private, granted in certain cases 95 

records of state 73 



EXECUTION— 

when to issue , 137 



EXECUTIVE COMMITTEE— 

of town board of directors, powers of 213 

of town board of directors to employ teachers i 213 

to appoint clerk in case of vacancy 220 



EXPENDITURE— 

of district board, how allowed f 40 

of mem^bers of town board of directors 210 

traveling, of county superintendent 89-90 



EXPULSION— 

of pupils . ., 42-43 



F. 

FAILURE— 

of electors to vote sufficient money . . .i 41-21S 

to maintain school 227 

to raise tax, forfeits school fund income 226 



FARM INSTITUTE— 

bulletins of, to be distributed iby the state superintendnt . 134 



FEE— 

may be remitted to residents over twenty 25-4n 

for tuition of non-resident pupils 25 



INDEX. 307 

PINES, FORFEITURES, ETC.— Page 

action for recovery of, prosecuted by director 165-166 

disposition of i 166 

duty of officers to sue for f5-46 

for countersigning unlawful order 165 

for destruction, injury or removal of state property 167-168 

for distributing- obscene books, etc. 1^9-170 

for disturbing school . . ., 169 

for drawang order for any purpose not authorized 'by law 165 

for entering state grounds 1'67-168 

for failure to send chiM to school . . . ., 45-46 

for injury to timber 168 

for neglect of duty by district officers . ., 165 

for neglect of duty or violation of law 164-169 

for neglect of officer to deliver records, papers, etc., to his 

successor 164, 169 

for neglect of teacher to keep register 83 

for neglect, to apply to high school officers 145-146 

for negl'ect to prosecute for forfeitures 165-166 

for official ma,lfeas£Lnce i 168-169 

for refusal of district officer to serve 164-165 

for refusal of officers to act in case of assessment Ill 

for refusal of town supervisors to carry into effect any 

decison of state superintendent 165 

for refusal to act as chairman of district meeting 164-165 

for refusal to notify first meeting in new district 165 

for school officers and teachers acting as book agents . . 165 

for school officers ordering change in text-books within 

three years of adoption ., 52 

for truant officers 45-46 

in relation to library . . . ., 128 

of county superintendent for neglect to make annual re- 
port 1 164 

of county superintendent for teaching, etc , 97 

of district clerk for neglect to make annual report 164 

of officials for failure to provide fire-escapes, etc 167 

of town clerk for neglect to make annual report 164 

prosecution for, by voters i 166 



FIRE ESCAPES .i 167 



FLAGS— 

purchase of i 40 



FORMATION— 

of free high school districts 139 

of joint districts .,. 3 

of school districts 2 

of township districts 209 



308 INDEX. 

FORMS— Page 

to be furnished officer 106 

of affidavits in appeal cases 159-160 

of notice of appeal by teaclier , 162 

of order organizing new district 256 

of order organizing joint district , 258 

of notice for first meeting by town supervisors 256 

of notice for first meeting to be left at residence of voter 257 

of return of notice for first meeting 257 

of notice by supervisors for meeting when there is no offi- 
cer to call one , 258 

of acceptance of district office 259 

of notice of meeting to a'.ter district iboundarles 259 

of order altering district boundaries , 259 

of awarding property to new district z60 

of notice for annual meeting , 261 

of notice for adjourned district meeting 261 

of request for special district meeting , 261 

of notice of special district meeting 262 

of notice to officers of election 263 

of refusal to accept district office 263 

of refusal to accept office on appointment , 264 

of a-ppointment to vacancy in district board 264 

of deed of schoolhouse site , 265 

of lease of schoolhouse site , 266 

of contract between district and teacher 266 

of bond of district treasurer 267 

of call on treasurer for additional security 2:68 

of order on treasurer i 268 

of school register to be kept by teacher 269-272 

of notice of apportionment by town c'jerk 273 

of certificate of town treasurer to town clerk 273 

of report of names and postofflce addresses of district 

clerks , 274 

of statement by district olerk of tax voted . . . ., 275 

of statement by district clerks of tax voted by joint dis- 
trict 1 276 

of determination of relative proportion of taxes in joint 

district , 274 

of application for establishment of schoolhouse site 276 

of certificate that notice of meeting to establish site has 

been given 277 

of notice for meeting of supervisors to locate school- 
house site . . .; 277 

of certificate of establishment of schoolhouse site 277 

of certificate of vacancy in county superintendent's office 278 

of notice of division of county, and consequent vacancy . . 278 

of statement of number of school children in the county 279 

of notice of intention to annul teacher's certificate 279 

of annulment of teacher's certificate and notice to town 

clerk , 280 

of application for dictionary 281-283 



INDEX. 309 

PORMS— Continued. Page 

of resolution proposing the establishment of high school 284 
of notice that the foregoing resolution will be submitted 

to vote 284-285. 

of certificate to state superintendent of establishment of 

free high schools 285 

of petition for submitting question of town system of 

schooJs 1 286 

of notice that the foregoing question will be sulbmitted . . 286 

when town clerk appoints 264 

FREE HIGH SCHOOL— 

board to determine amount of tax , 150 

atteijdance 147 

buildings, how provided ,. . . . 151 

clerk to certify taxes levied 143 

clerk to report to state superintendent on manual train- 
ing , 156 

course of study; qualification for admission to 65-154-158 

diploma may be countersigned ,. . . 65 

district may borrow money Ill,, 152 

district, officers of . . ., 113-144 

examination for establishment of 139 

examination of teachers of ,. . . . 154 

failing to receive aid ,. . . . 152-154 

free to all resident pupils 146 

how established , 139 

inspector provided for 252 

in towns, aid to , 141-152-154 

joint district provided for , 11(1-141 

limited state certificate, nor elementary normal school 

certificate sha'.l qualify as principal of 75 

manual training in 155 

may establish manual training department 155 

officers; powers and duties; how elected in towns, in dis- 
tricts, in joint districts, in sub-districts; board meet- 
ings, when and where held . . ., 113-14-- 

principal, elected city superintendent shall be examined 

by state superintendenc , 72-73 

qualifications of principals and assistants 146 

report blanks to be furnished iby state superintendent . . . , 106 

residents of other districts may attend ,. . 147, 150 

state aid for manual training department 156-158 

state aid to, limited i 141, 152-154 

state aid to, may be Avithhejd 153 

supervision of, by state superintendent ; 154 

theory and art to be taught 1K4-155 

to report to state superintendent , 1^2-153 

tuition, how paid; statement of how made, how colLected, 
in villages, in towns; how collected in town or city 
not in high school district 147-148 



310 



INDEX. 



FREE PUBLIC LECTURES- 
in cities i 



Page 
189 



FREE TEXTBOOKS— 

question of providing, shall be siil)mitted 



29 



G. 



GENERAL CHARTER LAW , 203 

GENERAL OUTLINE FOR CONDUCTING DISTRICT 

MEETINGS , 31-32 33 

GOVERNMENT OF SCHOOLS— 

rules and regulations for, to be made by district board . . 42-43 
township system of, provided for 209-225 



H. 



HIGH SCHOOL— 

(See Free High School.) 139 158 

HOLIDAYS— 

counted in teacher's time , 102 

legal, shall not be counted 82 

no Saturdays to be counted , 82 

school taught on holidays not to be counted as two school • 

days . 82 

what days are legal , 83, 104 



I. 



INCOME OF SCHOOL FUND— 

to what shall be applied 254 

how to be distributed 2ro, 215 

when to be apportioned 226: 230, 255 

to be applied by dis'tricts to payment of teachers' wages . 227 

county treasurer to apply for 228 

INDEBTEDNESS— 

loan m.ay be voted to refund 115 

of district, to be reported by district clerk 102 



INDEX. 311 

INFANT— Page 

land of, how oMained for sclioolhouse site 126 

INSPElCTION— 

of cadets, report of officer i. - ISO 

of cadets, suspension from , 181 

of county training scliools 186 

of common sicliools 92, 250 

of scliools for the deaf 19D, 191 

of state graded schools , 67 

of schools of agriculture , 183 

of free high schools ,. 252 

of manual training departments in free high schools .... 1^4, 155 

INSPBCTORS— 

free high school , 252 

rural school , 30 

state graded school , 68 

school for the deaf , 19D, 191 

INSTITUTES— 

attendance on, by teacher without deduction from wages 83 

fund, county, what .shall constitute 93 

instructors must hold certificates from state superintend- 
ent , , 98 

instructors, who may not be employed 98 

teachers', to be held by each county superintendent . . 93 

INSURANCE— 

of school property 52 

school boards to form fire and tornado companies 174-178 

INVENTORY— 

shall be deposited with c'.erk , 39 

INVESTMENT-- 

of school funds 173 



JOINT DISTRICT— 

assessments in 110 

formation and alteration of . .( 3, 6, 7 

may estab'ish free high schools , 140 

may make loan 118 

sub, board of directors to determine cost of schools .... 221 

sub, clerk of, to be member of board of directors 221 

sub, in which one town has not adopted township system 221 



312 INDEX. 

JOINT DISTRICT— Continued. Page 

sub, schools in, how supported i 221 

sub, taxes for, how raised 221 

sub, who to have control of , 220 

proceedings by, in regard to schoolhouse site 126 

.JOURNAL OF EDUCATION— 

school officers may subscribe for 171 

JUDGMENT— 

against school districts, how collected , 137 

no execution to issue on 137 



K. 

KINDERGARTEN— 

diploma from normal school certificate to teach may be 

countersigned ,. . 76 

may be established in cities of third or fourth class .... 30 

may be established in districts having graded schools . . 29 

may be provided in primary grades ,. . ^, 205 

teachers, legal qualifications of , 76, 78 



L. 

LABOR— 

child, law , 47-50 

day , 173 

LEASE— I 

district board niay lease house or site 38 

of land of infant for schoolhouse site 126 

LIABILITY— 

for expenses incurred in use of schoolhouse 38, 39 

for injury to schoolhouse . . . ., 38, 39 

for loans 122 

for payment of loan under township system 225 

of county for public charge ,. . . . 179 

of county superintendent, for failure to make annual re- 
port 164 

of district clerk for failure to make annual report 164 

of town clerk, for failure to make annual report 164 

tax to discharge 24 

to removal of office for acting as agent 16.5 



INDEX. 313 

LIBRARIAN— Page 

duties of , 133 

of district library, wlio may be 128, 133 

of joint libraries, how apipointed . ., 128 

under township system 134 

■LIBRARY— i I i , T-|:!i]] il 

(iSee Public School Library.- 

dictionary shall ibelong to i 172 

fund, how obtained , 130, 131 

in incorporated villages and cities of the fourth classi .... 131 

law may be suspended in certain cases 132 

of two or more districts may be united 128 

regulations for i 12?, 130 

tax for, limited 24 

title to be vested in district i 128 



LIMIT— 

to amount of loan 114, 117 

to school-district taxes 22, 23, 24, 27, 29 



LOAN— 

application for, from trust funds, how authorized ., 118, 122 

district may make, on unusual exigency i 114 

district may make, to build schoolhouse 114 

for normal school fund i- • 247 

for university fund i- • • • 238 

liability for i 122 

payment of, under township system 225 

tax levied to pay <■ ■ 122 

to joint districts i , 122 

to refund indebtedness i 115 

to school districts, limited, how paid 117 

to schools under township system i IK, 119 

when voted, may not bte re considered 115 



M. 

malfeasance:— 

official, what is ., 1^^ 

MANUAL TRAINING— 

departments, state aid for ( 15o, 156 

in free high schools 155> 157 

outline of work required i l^^tJ. 157 

teachers in, to receive certificate from^ state superintend- 
ent 1 154 



314 INDEX. 

MAP — Page 

purchase of 24, 40 

railroad, to be distributed by state superintendent 179 

secretary of town board to make, and keep in his office . . . 213 

to accompany appeals 160 

town clerk to make, and keep in his office 107 



MEETINGS— 

annual, when to be held , 12 

formal notice of, when unnecessary 35 

to make provision for prosecution of suit 27 

to modify proceedings 28 

notice of annual ,. . . . 12 

notice of annual sub-district 220 

to authorize board to borrow money 25, 114, 115, 116, 118, 220 

to authorize sale of schoolhouse, etc 24 

of district board, how ca.led , 35 

to impose tax to dischai'ge debt 24 

of sub-district, when and where held ., 218 

of town boards in high school districts 140 

to admit non-residents and fix tuition fee i. . . ^5 

to authorize purchase of text-books, etc, . . . ., 26 

to determine length of term, etc , 26 

to authorize board to suspend school 27 

of sub-district electors, notice of, how given ,. . 220 

of town board of directors , 209-213 

powers of sub-district , 219 

report to annual , 12 

school district, powers of i 19-33 

school district, to adjourn ,. . . 19 

school district, to appoint chairman, etc 19 

school district, to choose director, treasurer, etc. " 19 

special ,. . 13 

to designate site for schoolhouse 22 

to vote compensation to district clerk , 28 

to vote on free textbooks 29 

to vote tax for site 22 

to vote tax for tea.chers' wages 23 

to vote tax for maps, etc , 24 

to vote tax for district library 24 

to vote for tuition and transportation of pupi.s 27 

to vote to estaJblish kindergarten 29 



MILITARY INSTRUCTION 167, 236, 180, 181 



MISCELLANEOUS LAWS— 

without penalties ,'. 171-208 

with penalties , 164-170 



INDEX. 315 

MONEYS— Page 

apportioned by town clerk, not paid out 229 

borrowed, use ot ., 115 

collected from town cleric and county superintendent, how 

apportioned 164 

collected of defaulting treasurer, how applied 53 

collected on forfeitures, how applied i. . . 165 

collection and app'.ication of 9 

district may authorize board to borrow , 25, 114-123 

due new district, how raised 9 

may be voted by school districts ,. . . 22, 27 

not to be apportioned to towns failing to raise amount re- 
quired by law 226 

not to be apportioned to districts which have not main- 
tained school for seven months 227 

of dissolved districts, Ifow disposed of 11 

to county superintendent for examination fee abolished . . 98 

to be paid to individuals in certain cases 9 

MONTH— 

school, what shall constitute i. . 8^, 229 

MORTGAGE^ 

on school property, may be given as security 114 



NEGLECT— 

of duty , 164, 16-6, 169 

to keep school i 11 

NONRESIDENT- 

pupils admitted -i 25 

tuition fee 25 

NORMAL SCHOOLS— 

accounts, how made i- • • • 244 

additional; alteration of buildings, etc 243 

board of regents, how composed ., 241 

board of visitors . . ., 246 

compensation of regents 243 

diplomas and certificates 246 

diplomas and certificates may be countersigned |. . 75 

donations, collection and application of 244 

final standings may be accepted by county superintendent 70 

graduates entitled to certificates f 81 

income i 248 



316 INDEX. 

NORiM^J. SCHOOLS— Continued. Page 
kindergarten diplomas certificates to teach and may be 

countersigned , 76 

laws respecting , 241-248 

may purchase dictionaries from state superintendent . . . 171 

model schools , 245 

objects of 1 245 

state tax ; loans 247 

teachers' institutes, how held ; appropriation for 247-248 

NOTICE— 

for meeting of supervisors to alter school districts 5 

for meeting of supervisors to establish school-house site 124 

in case of neglect of inhabitants to assemible 3 

of alteration of joint school district ., 3 

of alteration of school district 5, 6, 7 

of annual meeting , 12 

of annual sub-district meeting 220 

of appeal to circuit court 125 

of apportionment of school fund income 227 

of election to offices , 34 

of first meeting of district 2, 3 

of special meeting to include object of meeting 13, 118 

to vote on township system 223 

to owners of proposed school-house site 124 



O. 

OATH— 

administered to challenged voter 17, 19 

of office, state superintendent 249 

OBSCENE BOOKS— 

penalty for distribution, etc i. . . 169 

OFFICERS— 

duties of free high school , 145 

must be elected by ballot , 19 

of free high school districts . . . 143, 145 

of school districts- , 34 

to attend convention ; 95 

of school districts not to act as agents, etc 165 

public, refusal of, to deliver moneys, records, etc., to 

successor ......,..! 169 

to sue for forfeitures 165 

truant, duty of i 45 

truant, to be appointed , 45 

women may be , 172, 208 



INDEX. 317 

ORDERS— Page 

clerk to draw , 56 

director to countersign , 53 

drawn in favor of teacliers , 57 

filing of 1 6 

secretary of town b(oard to draw 214 

treasurer to pay money on . ., 54 

when in effect 6 

ORGANIZATION— 

of a school district . . . ., 4 

of free high schools 139, 145 



P. 

PAYMENT— 

of loans under township system 225 

PARENTS, GUARDIANS, ETC.— 

required to send children to school , 44-45 

PENALTIES— 

(See "Fines and Forfeitures.") 

PHYSICAL EDUCATION , 173 

PHYSIOLOGY AND HYGIENE— 

provision shall be made for instruction in , 58 

textbooks in, to be approved i 58-59 

POWERS— 

corporate, of a district , 4, 38 

of a district meeting , 19, 31-33 

of a school board , 24, 45 

of a special meeting , 13 

of electors, transportation and tuition 28 

of subdistrict meeting , 219 

PROCEEDINGS— 

iby joint districts in regard to schoolhouse site . . . .| 124 

irregularities in, in attempt to establish township system . 224 

may be altered or modified , 28 

PROPERTY— 

division of , 9 

of a district, to be in care of board 38 

of dissolved district 11 

personal, taxable for school purposes 110 



318 INDEX. 

PROSECUTION— Page 

of action in wbicli district may be interested 28 

of town treasurer for recovery of money 56, 108 

by voter, of action for forfeiture 166 

PUBLIC SCHOOL— 

state, admission of deformed children 179 

textbooks, shall not inculcate sectarian ideas 51-52 

to be maintained at least seven months i 26, 226 

PUBLIC SCHOOL LIBRARIES— 

adjoining districts may unite i 128 

books to be distributed among school districts 130 

books to be purchased annually by town clerk . ., 130 

dictionary to belong to i. . . . 172 

farm institute bulletins . . ., 134 

librarian, who shall be i. . . . 128, 134 

money shall be withheld from school fund income in each 

town to purchase 130-131 

regulations concerning . ., 129 

PUPILS— 

expulsion of f. . . . 42 

transportation of 27, 212 



QUALIFICATIONS— 

of kindergarten teachers 76-78 

of teachers , 60-84 

of voters . . . .i 14, 19 



R. 

RAILROAD MAPS— 

to be distributed to schools 179 

REAL ESTATE)— 

district may hold ,. . . . 4 

taxes on, how assessed and collected , 110 

valuation of i. . 110 

RECORDS— 

lost, restoration of , 5 

of school district, to be kept by clerk 56 



INDEX. 319 

RE-EXAMINATION— Page 
of applicants refused certificates by county superintend- 
ents 1 63 

REFUSAI^- 

of certificate by county superintendent 63 

of public officer to deliver moneys, records, tc, to suc- 
cessor 169 

of school district oflSce, in writing 34, 36 

of town board to carry into effect decision of state super- 
intendent 1 165 

REGISTER— 

neglect to keep, forfeits wages 83 

to be furnished teacher by district clerk or secretary 57, 215 

what to contain, etc , 83, 269, 272 



REGULATIONS AND RULES— 

district board to make i. . . . 42 

prescribed by state superintendent for libraries 134 

relating to appeals i 159-163 

REMOVAL— 

of county superintendent 166 

of district officers for neglect of duty 166 

REPAIRS OF SCHOOL HOUSES— 

county superintendent to direct i 92 

district iboard to attend to 38 

tax to be voted for , 22 

REPORTS— 

blanks for, to be furnished by state superintendent 106 

of board of visitors to normal schools ., 246 

of city superintendent or clerk 105 

of clerk of joint district i. . . 102 

of county superintendent i. . . . 97, 105 

of district clerk i 101 

of district treasurer 54 

of free high school 145, 147, 152 

of incorporated academies 179 

of inspecting officer, cadets 180 

ojf secretary of town board to county superintendent . . . 216 

of state superintendent 251 

of town clerk W4, 107 

of regents of normal schools 248 

of regents of state university 2B4 

of secretary to board of supervisors 214 

of state graded schools 68 



320 INDEX. 

REPORTS— Continued. ' Page 

of sub-district clerk to secretary of tov/n board 219 

of teacher to the board, etc 83 

of state superintendent on instruction of deaf mutes . . . 191 



RESIDENCE— 

of children 101, 104 

of county superintemdeint -j 97 

of voter, how determined '. . . 14, 19 



RESIDENT 

who shall be deemed 172 



RULES— 

may be made by district board 42 

respecting appeals 159-163 

RESTORATION— 

of lost records 5 

REVOCATION— 

of state certificates 73, 76, 99 

RURAL SCHOOL INSPECTOR- 

duties of 1 30 

to be apiMjinted i 30 

to hold conferences with school officers i 30 



S. 

SALARY— 

of county superintendent . . . ., 89, 90 

of district clerk provided for 28 

of secretary town board of school directors 210 

of members of executive committee, township system ,. . 210 

of state superintendent , ', 252 

SALE— 

of school property , 11, 24, 38, 212 

SCHOLARS— 

age of, to attend school free 255 

may ibe admitted from other districts 25, 147 

may be suspended or expelled 42 

residence of . , , 25, 101, 104 



INDEX. 321 

SCHOOL— Page 

additional teachers for ,. . . . 27 

attendance at, compulsory i 44-45 

for the blind , 98 

for the deaf , '. ?8, 190 

for crippled children , 179 

of agriculture and domestic economy , 181, 183 

county training for teachers 1B5-189 

neglect to keep , 11 

SCHOOL BOARD— 

convention to be held , 95 

duty of, to appoint truant officers "....,.. v, 45 

in cities of the first class 152-203 

may admit pupils free of tuition 42 

may arrange with adjoining districts for instruction of 

pupils ,. . . . 27 

may expel pupils , 42 

may purchase books and stationery 40 

may purchase maps, charts, etc 40 

may purchase school books in certain cases ^ . . 40 

may suspend pupils 42 

may suspend school , 27 

of city may invest school funds , 173 

of seven members 20 

to appoint truant officers , 45 

to approve purchases 40 

to contract with teachers i 41 

to determine sum necessary to be raised 41 

to determine time school shall be taught 2(5 

to determine what textbooks shall be used .5"0-51 

to have care of schoolhouse 38 

to keep account of expenses 40 

to keep schoolhouse in repair 38, 205 

to fix compensation for truant officers 45 

to form fire and tornado insurance companies . . .| 178 

to make application for loan 118 

to make rules and regulati-ons regarding loan of textbooks 26 

to make rules for governing of schools •. . . 42 

to provide necessary appendages for schoolhouse ,. . 38-39 

to purchas'e flag^ 40 

to visit and supervise schools 52 

SCHOOL BOOKS— 

annual meeting must vote on free textbooks 29 

boards in cities may purchase 51 

city and village hoards of education may adopt 50-51 

district board may purchase, for indigent pupils 40 

district board shall determine what shall be used 50 

districts may authorize board to purchase . 26 

who not to de^ in i 165 

21 



322 INDEX. 

SCHOOL CENSUS— Page 

relating to 101, 104, 216 

SCHOOL DISTRICTS— 

accounts may be examined 20, 210-211 

alteration of 2, 5 

alteration of, in town or village 10 

boundaries not to be cHanged under certain conditions . . 122 

contracts with i 4 

corporate powers of , 4 

extinguishment of i 6 

formation and alteration of, under township system 209 

high school districts joint ,. . . . 140 

how formed , 1, 4 

joint, how formed 3 

judgment against, how collected ,. . . . 137 

loan limited, how paid .i 117 

may authorize district board to borrow money 114,122 

may have board of seven members , 20 

may receive state aid for graded schools 67 

meetings, annual, when to be held 12 

name , 4 

notice for annual meeting of 2, 3 

notice for first meeting of , 2, 3 

notice for special meeting i 13 

notice, meeting of board i 35 

not to be altered so as to leave indebtedness exceeding 

five per centum valuation i. . 1 

not to be changed between first day of December and 

first day of April following , 6 

number must not be changed 7 

officers of, to file written acceptance of office ,. . . . 4 

officers of 34,53 

powers of i 33 

property of, dissolved ,. . . . 11 

qualification of voters in , 14, 19 

size of 1 1 

to consist of contiguous territory 1 

under township system, what shall constitute 209 

when to be considered organized 4 

SCHOOL FUNDS— 

investment of 173 

what is ; interest of, how applied 254 

SCHOOL FUND INCOME— 

apportionment of, by state superintendent 226, 230, 251 

how distributed , 226, 230, 251 

may be withheld 226 

to be used in payment of teachers' wages r. .41, 57, 229 



INDEX. 323 

SCHOOL-HOUSE— Page 

board shall have care of , 38 

compensation to be made for site of i 124 

district board to provide appendages for 38 

kept in repair 38 

may be declared unfit for use 92 

may be sold , 11, 24, 38, 212 

purchase of ,. 38 

repairs on, may be ordered by county superintendent . . 92 

site of, how designated and established 22, 124, 126 

site of, quantity of land 126 

tax to build, how limited 22. 29 

town board of directors shall have care of 210 

use of , 38 

SECRETARY— 

and superintendent in cities 205 

SEIORBTARY OF TOWN BOARD— 

to assist in , regard to libraries , 134 

to be free high school clerk 145 

to certify to town clerk estimate of expenses 214 

to certify record of changes in su!b-districts to clerk 213 

to draw orders on town treasurers 214, 221 

to furnish school registers , 215 

to have supervision of schools i 214 

to make itemized estimate of amount necessary for sup- 
port of schools i. 212 

^ to make map of town i 213 

to report to county superintendent 216 

to report to board of supervisors 214 

SECTARIAN INSTRUCTION— 

textbooks, inculcating, not to be used 51-52 

prohibited , 255 

SITE OF SCHOOL-HOUSE— 

buildings, etc., provided for , 212 

compensation to be made for 124 

how established . . 22, 124, 126 

infant's land, how obtained 126 

purchase or lease of , 38 

quantity of land i 126 

tax for 22 

to revert to original owner 126 



SCHOOL FUND— 

distribution of income of , 226, 23D, 255 

how formed ^ 254 

tax for 229 



324 INDEX. 

SCHOOL MONTHS— Page 

what shall constitute i 82, 229 

SCHOOL REGISTER— 

teacher shall keep , 83 

to be furnished by clerk or secretary and kept by teacher 56, 215 

what to contain, etc , 83, 259, 272 

SPECIAL DISTRICT MEETING — 

notice for : 13 

powers of ^ , 13 

SPECIAL LICENSES— 

may be granted on diplomas from accredited institu- 
tions , 75, 77, 79, 80 

may be granted on diplomas from university of Wisconsin 

and Wisconsin normal schools 76, 81 

STANDARD— 

of attainments of teachers 62 

STATE BOARD OF HEALTH— 

to join with state superintendent in approval of textbooks 

in physiology and hygiene 58 

STATE CERTIFICATES— 

branches required for , 73 

diplomas of graduates of Milwaukee high school when 

countersigned, become 76 

diplomas of graduates of state normal schools and state 

university, when countersigned, become 75 

foreign, may be countersigned 74 

limited , 74 

may be granted to holders of diplomas from accredited in- 
stitutions i. . . . 75 

provided for , 72 

record of, to be made by state superintendent 73 

revocation of 73-76 

STATE GRADED SCHOOLS— 

application for aid, amount of 67 

apportionment of aid to 67-68 

average daily attendance required , 66 

classes of , 66 

course of study, reports 68 

equipment required f 67 

inspectors for, how appointed, duties , 68 

length of school year 66 

number of such schools limited, cities excluded ,. . . . 69 

qualification of teachers in i 66 



INDEX; 325 

STATE INSTITUTIONS— Page 

may purchase dictionaries from state superintendent .... 171 



BTATE SUPERINTENDENT— 

and assistants, shall not act as agents, etc 165 

assistants, clerlis, etc 252-253 

authorized to countersign diplomas from state university 

and normal schools 75 

duties of ■. 239-252 

how chosen, powers and compensation 254 

may countersign certificates granted by other states .... 74 
may countersign diplomas from Milwaukee high school . . 76 
may countersign diplomas from normal school kindergar- 
ten departments 76 

may examine principals of high schools, who shall ibe 

elected city superintendent 72 

may grant special licenses for limited period 80 

may grant special certificate , 80 

may grant special licenses on recommendation of state 

board ., 75, 79-80 

may issue certificates oa re-examination 63 

may purchase dictionaries i 171 

may require statement of whole number of children resid- 
ing in any district ,. . 101 

may revoke state certificate : 73, 76 

not to apportion money in certain cases 226 

oflace provided for i. 253 

term and oath i 249 

to advise with county superintendents as to standard of 

attainments for county , 62 

to appoint agents to conduct institutes 247 

to appoint board of examiners 72 

to appoint county superintendent in certain cases 88 

to appoint rural school inspector 30 

to appoint inspector of schools for deaf . ., 191 

to apportion aid to free high schools 141, 152 

to apportion the school fund income , 251 

to approve courses of study for commercial schools in cer- 
tain cases I 173 

to approve maps, charts and school apparatus 40 

to approve qualification of teachers of deaf mutes 190 

to approve textbooks in physiology and hygiene ....... 58 

to approve the qualifications of principals and assistants 

of high schools ., 146 

to certify aid to training schools for teachers ,. . . 186 

to certify aid to schools of agricultiire and domestic econ- 
omy , 184 

to certify aid to deaf schools i 190 

to certify apportionment of school fund income to secre- 
tary of state ,. . 227 



326 INDEX. 

STATE SUPERINTENDENT— Continued . Page 
to certify manual training departments, to secretary of 

state ., ' 150 

to certify to expenses of board of examiners 74 

to collect books and school apparatus 251 

to decide appeals 159, 2,51 

to designate counties in which teachers' institutes shall 

be held , 247 

to distribute railroad maps , 179 

to establish standard of quaiifications for and grant cer- 
tificates to teachers in manual training departments. 154 

to furnish amendments to laws 106 

to furnish blanks for reports of free high scaools ,. . 154-155 

to furnish copies of records 251 

to furnish county superintendent certificate of attendance 

on convention i. . . . 96 

to furnish library record books , 133 

to furnish oflicers with blanks for annual reports 106, 250 

to give information and assistance to manual training de- 
partments , 155 

to give notice of apportionment to county clerk and 

treasurer , 227 

to grant certificates to commercial schools in certain cases 173 
to hold one convention of county superintendents each 

year 252 

to inspect schools 249 

to issue certificates to graduates of University of Wiscon- 
sin and Wisconsin normal schools , 75 

to issue circulars and bu.letins of information 2T9-250 

to issue county superintendents' certificates 99 

to make record of state certificates , 73 

to make rules for the government of institutes 247 

to notify school officers of neglect to make report 228 

to pay to state treasurer money received from sale of dic- 
tionaries '. 172 

to prepare and furnish list of books i. . . 132 

to prepare and furnish courses of study , 250 

to prepare a report to the governor 251 

to prepare a course of study for free high schools 154 

to prescribe rules for libraries 250 

to prescribe rules for state examinations 72-73 

with state examiners may determine additional branches 

for unlimited state certificates , 72-73 

to print, index and distribute laws relating to schools .... 250 

to prohibit use of sectarian books 249 

to render account of dictionaries sold in report to gover- 
nor 172 

to supply farm institute bulletins to public libraries 134 

to suspend library law 130-132 

STATIONERY— 

purchase of 40 



INDEX. 327 

STUDIES— Page 

in. which applicants for ceruiflcates are to be examined . 60, 73 

in which principals of free high schools are examined... 146 

physiology and hygiene 58 

what shall be taught in district schools 58 

SUB-DISTRICT— 

appointment of clerk , 220 

establishment of schools in 212 

formation and alteration of > 209 

joint, who to have control of i. . 220 

meeting, when and where held ' 2iS 

what shall constitute ., 209 

SUB-DISTRICT CLERK— 

appointment of 220 

duties of . ., 219 

to act as secretary of meetings 220 

to be a member of town board i. . . . 219 

to certify sum necessary for payment of indebtedness . . . 225 

to give notice of annual meeting 220 

to have charge of schoolhouse , 219 

to report to secretary of town board 219 

SUIT— 

against district, director to defend 53 

district to give direction for prosecution or defense of . . 27 

SUMMER SCHOOL— 

of science '■ 240 

SUPERINTENDENT— 

of cities i. . 205 

(For powers and duties generally, see County Superin- 
tendent.) 

SUPERVISORS— 

(See Town Board of Supervisors and County Board of 
Supervisors.) 



T. 

TAXES— 

annual school i 255 

apportionment of, under township system, for buildings, 

etc 1 216 

assessment of district 110 



328 INDEX. 

TAXES— Continued. Page 
collection of, in joint districts where one town is not un- 
der township system 41, 218, 221 

deficiency in 41, 226 

district clerk to deliver statement of, to town clerk 112 

for expense of transportation of pupils 27 

for furnishing high schools 150 

for furnishing free textbooks i. . 26, 29 

for instruction of pupils in another district 27 

for library, limited i 24 

for normal schools 247 

for payment of teachers' wages , 23 

for purchase of apparatus 24 

for schoolhouse and site, limitation of ^ 22, 23 

for university , 238 

limitation on , 22, 2"4, 217 

not to be voted at special meeting unless three-fourths of 

legal voters are notified of the meeting 13 

school district, on what property to be assessed 110 

school fund, apportionment , 226 

special, in cities of third and fourth classes. (See Borrow- 
ing Money) 117 

to be apportioned by town clerk 21G 

to be assessed by town cleiii , 112 

to be raised by towns and cities for support of schools . . It5, 226 

to discharge debts 24, 122 

to pay judgment against district, how assessed and col- 
lected , 137 

to raise money due new districts, how assessed 9 

validity of, under irregular proceedings 224 

TEACHERS— 

additional, in certain cases 27 

certificates may Ibe annulled i 69, 72, 74 

contract to be in writing 213 

examination fee abolished , 98 

of state graded schools, iqualifications i 66 

tax for wages of, limited ( 23 

to ibe examined and licensed 60, 81 

to forfeit wages for neglect to keep register 83 

to keep register 83 

to primary teachers 71 

to report to district board and county superintendent .... 83 

to teach elements of agriculture ,. . . . 58 

wages to be paid from school fund income 57 

TEACHERS' INSTITUTES— 

appropriation for , 248 

how held and conducted 247 

teachers may be allowed to attend 82 

to be held by county superintendent 93 



INDEX. 329 

TERMS— Page 

of school, may be fixed by vote of district 26 



TEXT-BOOKS— 

adoption of, in cities 51 

board to select i 50 

choice and change of 50, 51 

in physiology and hygiene, approved by state superintend- 
ent and board of health 58 

list of, adopted, not to be changed for three years 50, 51 

penalty for changing the list of, adopted 52 

purchased by boards in cities, on what conditions 51 

purchase of, authorized 26 

shall not inculcate -sectarian ideas 51-52 

to be loaned pupils 26 

to make list of, file with the clerk, and post in the school- 
house 50 



TOWN BOARD OF DIRECTORS- 

compensation of secretary 210 

executive committee, how constituted 213 

may arrange for transportation of pupils 212 

may provide school sites, buildings, etc 212 

may repair school property 212 

may sell schoolhouse and site when no longer needed .... 212 

meetings, when and where held, notice of , 210 

officers of 209, 210 

powers of 209, 213 

secretary's duties 213 

secretary or president of, to call special meetings 210 

shall have care of schoolhouse 210 

to determine amount of money necessary for support of 

schools 212 

to have powers of district boards 213 

to make rules and regulations for schools 212 

to establish, maintain and supervise schools 212 

what shall constitute 209 



TOWN BOARD OF SUPERVISORS— 

to allow certain amount to district for each public charge 172 

to call meeting in district having no officers to call same 3 

to consolidate districts 1 

to determine amount of property due new district 9 

to dispose of property of dissolved district , 11 

to establish schoolhouse site 124 

to forfeit sum for neglect or refusal to carry into effect 

decision of state superintendent . . ., 165 

to form and alter school districts 1 

to give notice of alteration 5, 6 



330 INDEX. 

TOWN BOARD OF SUPERVISORS— Continued. Page 

to give notice to owners of proposed schoolhouse site . . . 121 

to issue notice tor first district meeting , 2 

to malie order i 2 

to meet to form districts i 3 

to present estimates at town meeting 215 

TOWN CLERK— 

certificate of appeal to be filed with , 138 

liable to removal for refusal to carry into effect decision 

of state superintendent ,. . . . 165 

liability for neglect to make annual report 164 

may subscribe for Journal of Education , 171 

to apportion free high school tax 150 

to apportion school moneys 107-228 

to apportion sums voted 216 

to assess amount of judgment against district , 137-138 

to assess taxes ,. . 112 

to expend library fund 130-131 

to file reports and papers 107 

to fill vacancy in district board , 38 

to include in taxes sum certified by secretary of town 

board , II, 218 

to keep record of books 130-131 

to make a map of town ,. . . . 107 

to make records concerning school districts ,. . . . 107 

to post notice of vote on township system 223-224 

to re-apportion money not called for in a year 229 

to report name and adddress of himself and district clerks 

to county superintendent , 107 

to report to county superintendent I(r4, 107 

to see that district clerks make correct reports 107 

TOWNSHIP LIBRARY 128-136 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— 

cannot be abolished for two years 223-224 

cities and villages exempt from operation ,. . 223 

compensation of secretary of board 210 

electors of incorporated villages may vote on 223 

free high school board, who shall constitute ., 145 

irregularities in proceedings ,. . . . 224 

limitation of taxes 217 

loans to schools under ,. . . , 118 

may be voted on 223 

meetings of town board of directors , 210 

members of executive oommattee 213 

order to abolish 223-224 

of school government 20ff-225 

who shall be librarian under 134 



INDEX. 331 

TOWN TREASURER— I Page 

prosecution of, by district treasurer oQ 

to apportion moneys received through liability of school 

officers Iti4 

to be high school treasurer under township system 145 

to certify amount paid by him to districts previous year 108 
to certify to tov^^n clerk amount of school money in his 

hands , 108 

to pay money on order of president or secretary of town 

board , 216 

to prosecute county treasurer 108 

to receive and pay out school money 108, 118, 218 

to withhold money for library , 130 

TRANSiFBR— 

of deficiency in county school tax 226-227 

TRANSPORTATION— 

of pupils , 27, 212 

tax to cover expense of ,. . 27 

electors to vote tax for ., 28 

TRUANT— 

officers, compensation for , 45 

TRUST FUNDS— 

loans may be made from , 114, 122 

TUITION— 

electors to vote tax for , 28 

fee for non-resident pupils f 25 

provided for in certain cases 27 

in district schools , 255 

in free high-school, how paid in certain cases 147-149 

in normal schools , 245 

in university , 236 



U. 

UNIVERSITY— 

board of regents; how composed 232 

diploma may be countersigned , 81, 236 

funds for support of , 237 

graduates entitled to certificates 81 

income, use of , 234 

laws in relation to , 232-240 



332 INDEX. 

TUITION— Continued. Pagb 
may purchase dictionaries from ste,te superintendent . . . . 171 

military instruction i 236 

object and departments 235 

establishment of 232 

open to both sexes 236 

powers of board ; officers , 232 

president of ^35 

summer school of science 24o 

tax for, and apporpriation of part; loans 238 

the observatory , 239 

tuition , 236 

other colleges may be added 234 



VACANCY— 

in office of town board of directors , 210-211 

on school board, how filled 36 

what may cause i 36, 38 



VALUATION— 

of property in joint districts, to be equalized by town as- 
sessors - 110 

of realty i 110 

of district property, how determined 9 

of district property when change is made to township sys- 
tem 222 



VIOLATION— 

of law by public officer ,. . 168, 169 

(See Penalties) 1B4-170 



VISITING SCHOOLS— 

required of school officers 52, 92, 154, 155, 2r4, 250 

by high school inspector • 252 

by deaf school inspector , 191 

by state school inspectors . ./. i 68 



VOTERS— 

may prosecute action for recovery of forfeiture 166 

may vote on township system i 223 

separate ballot boxes for ; 16 

to reside in district thirty days i 14 

who may be i i » . * . . . 14, 19 



INDEX. 333 



W. 

WAGES OF TEACHERS— Page 

public money to be applied in payment of 57, 229 

tax voted to pay , 23 

to be specified in contract 41 

when forfeited i 83 



WEBSTER'S DICTIONARY— 

forms of application for 281-283 

how distributed . ., 171 

state superintendent may purchase , 171 



WOMEN— 

eligible as school oflScers 1T2, 208 

may vote 16 



N,!,«,^.'^.^^ O"^ CONGRESS 



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